Here's a morbid thought:
Is it really 40 Senators block it, or 60 Senators vote to pass it? Remember, Sen. Thomas died the other day, and Sen. Johnson is still not voting, so that leaves only 98 votes to be had, making it harder to get 60 affirmative votes to end debate (not 40 negative votes to prolong debate).
Is cloture based on the number of seats or the number of Senators? If Sen. Johnson were to retire tomorrow, would that mean that with 98 Senators in Congress, cloture would only needs 59 votes to pass?
-PJ
At least IIRC.
Senate Rules are somewhat “ExtraConstitutional”, near as I can figure. I think when that confederacy of finishing-school dunces convenes every other year the first thing to be voted on is the parliamentary procedure.
Frankly, they make me sick.
Good question. I’m not sure how those proportional requirements work.