According to FOX News, Senate Democrats have enough votes to filibuster to nomination of Neil Gorsuch for the Supreme Court. 41 Democrats have indicated that they will vote against Gorsuch as of Monday. This means Republicans in the Senate could invoke the so-called nuclear option meaning that Republicans would only need a simple majority in order to get Gorsuch onto the U.S. Supreme Court.

Invoking the nuclear option would change once again the way the Senate works, but Republicans have said from Day 1 that Gorsuch would be confirmed. Some Democrats have voiced opposition to their party filibustering Gorsuch according to FOX News.

Colorado Sen. Michael Bennet said in a statement that, “Using the filibuster and nuclear option at this moment takes us in the wrong direction. … I will oppose efforts to filibuster the nomination, and strongly encourage my colleagues not to use the nuclear option.”

But with over 40 senators willing to oppose Gorsuch and presumably filibuster, a nuclear option showdown is increasingly likely.

Should Republicans use the nuclear option in the case of Judge Neil Gorsuch?