Carolinamom: There's nothing in the Constitution about 60 votes either.
Okay...so then when they have the Whitehouse, we'll require a 3/4 majority. That was easy!!
There is nothing that says the Senate has to vote on it at all, if the 'rules' of the Senate are changed to reflect such. And ol' Chucky is trying to tell the people a 'no' vote on cloture is a vote for filibuster. Patently untrue, but 'Rats lie with the ease of an unrolled rug.
As several FReepers have noted, 51 Senators can send a letter to the President, individually or collectively, advising the majorities consent on the appointment. Nothing in the Constitution prohibits such action, and Senate rules change more often than the public knows.
The 'Rats have lost this fight. They merely lack the good sense to lay still.