So far, just a few Democrats have said they'll support Gorsuch.

But this weekend a third Democrat senator announced his support. Sen. Joe Donnelly, D-IN, said Sunday that Gorsuch is "a qualified jurist who will base his decisions on his understanding of the law."

Still, 36 Democrats and one independent say they will vote to block the nomination.

If at least eight Democrats don't support Judge Gorsuch, then Republicans would need to change confirmation rules to hold a straight majority vote—the so-called "nuclear option." In that case, it would only take 51 votes to confirm Gorsuch instead of 60.

"When a nominee doesn't get sixty votes, you shouldn't change the rules, you should change the nominee," Senate Minority Leader Chuck Schumer, D-NY, has argued.

But Senate Majority Leader Mitch McConnell, R-KY, told CNN's "State of the Union" that, no matter what, Gorsuch will be confirmed this week.

The Senate Judiciary is taking up the Gorsuch confirmation today, and the full Senate votes Friday.

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