Sen. Richard Blumenthal (D., Conn.) said on Monday that he "philosophically" believes Supreme Court nominee Judge Neil Gorsuch should not be confirmed under the 60 vote threshold, when CNN host Poppy Harlow said the Republicans could invoke the "nuclear option."
Harlow brought up Blumenthal's prior comments that he would "relentlessly" oppose Gorsuch's nomination if Gorsuch did not reject President Donald Trump's litmus test. Blumenthal also said that he and fellow Democrats "would use every tool" available to fight Gorsuch's nomination if he is "out of the mainstream" in his views.
Harlow pointed out that the Republicans would invoke the nuclear option to confirm Gorsuch, which would make the opposition futile. The nuclear option was first used by the Democrats in 2013.
Blumenthal was not swayed, saying he "philosophically" believed that a Supreme Court Justice should not be confirmed under the 60 vote threshold.
"I believe, philosophically, that a Justice on the United States Supreme Court should be approved by more than just a razor thin margin, there ought to be an overwhelming consensus," he said.
"But Senator, you just have to look back to 2013 and what the Democrats did to see how you don't need to get the 60 votes," Harlow said. "If they want to invoke the nuclear option and get a simple majority they're going to do that, and that will lead to his confirmation."
Blumenthal said that he thought Harlow was alluding to a "school of thought" that the best strategy would be waiting to challenge Republicans on a potential future Supreme Court nomination by Trump.
"There is a school of thought, and I think you are alluding to it, that perhaps the best strategy would be to wait for the next nominee, but I think every nominee important," Blumenthal said. "If I conclude this one is outside the mainstream then I will use every tool at my disposal and I think many of my Democratic colleagues share that view."