The deal Democrats would be most likely to pursue, the sources said, would be to allow confirmation of Gorsuch in exchange for a commitment from Republicans not to kill the filibuster for a subsequent vacancy during President Donald Trump’s term. The next high court opening could alter the balance of the court, and some Democrats privately argue that fight will be far more consequential than the current one.
If Democrats move ahead with the plan — it’s still in the early discussion phase — it would require buy-in from some Republicans, but not necessarily Majority Leader Mitch McConnell (R-Ky.) or his top deputies. At least three rank-and-file GOP members would have to pledge not to vote to unilaterally change the Senate rules through a majority-only vote later in Trump’s term — the so-called nuclear option.
Cobbling together a group of senators from opposing parties to take such a stand would be difficult, given the long-running partisan war over confirming judges and pressure from the left to deny Gorsuch confirmation. But some Democrats are worried enough about the Senate losing its unique minority rights that they’ve begun kicking the tires on the potential for a new bipartisan “gang.”