60 votes need to proceed.
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It used to be (especially when Dems were in majority) that filibuster was a rarely used, unpopular move.
Now, it is just standard procedure, to block even very desirable legislations.
Then we'll need to nuke the filibuster. It was bound to happen. The Democrats almost did it in the last election but Joe Manchin and Kyrsten Sinema said no.
So as soon as they have a majority again, they'll nuke the filibuster.
So we might as well as do it and sanction the ICC.