This is a novel theory without a basis in Senate history, which even the Washington Post gave “two Pinocchios”. It’s true, as a matter of Senate rules, that Schumer needs only 41 votes to filibuster Gorsuch. It’s equally true that if he does, Mitch McConnell needs only 51 votes to change the rules. So, as a matter of raw political power, Schumer is only half right. But as a matter of Senate history and tradition, he’s not even halfway to half right.
In fact, six nominees to be Supreme Court Justices, including two members of the current Court, have been confirmed with less than 60% of the vote
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