In an interview w/ NY1 tonight, Sen. Kirsten Gillibrand (D-NY) departed from her fellow New Yorker and Dem Leader Chuck Schumer, calling for an “up-or-down” vote on Judge Gorsuch and admitting that he will ultimately be confirmed:
ANCHOR:What is the Democratic strategy on this? There has been a lot made of this. Do you try to filibuster Gorsuch and risk the Republicans going for the so-called nuclear option which would basically eliminate the filibuster now and forever? That seems like an equally bad outcome from the Democrats’ perspective.
SEN. GILLIBRAND: I’m hopeful that my colleagues will decide to vote their conscience and decide up or down whether this nominee is worthy of this very high responsibility. I hope we do vote him down, but make no mistake, if we do hold the line with 60 votes, Mitch McConnell will change the rules the next day. So it will be Mitch McConnell’s decision. I do not have any hope that he will not change the rules the minute he doesn’t get his way. It will likely be 51 votes regardless at any given time that any nominee is blocked. But I expect our colleagues to vote their conscience and to really look at his record and see if he’s the kind of nominee that’s worthy of our support.
ANCHOR:But you’re saying Gorsuch will be confirmed either way?
GILLIBRAND: Ultimately yeah, I believe he will be.