[Cboldt]

On Fox News Sunday, it was suggested that if the Dems don't have the votes (the RINO votes) to stop the nuclear option their best strategy is to allow a cloture vote to succeed after they filibuster the Circuit Court nominees.

If the DEMs don't object to moving to the vote, there won't even be a need for a cloture motion.

The filing of a cloture motion is a concession that Rule XXII is a proper route to follow for judicial nominees, regardless of the outcome of the cloture vote that will come on the second day after the motion is filed. Some Democrats would have to vote for cloture in order to obtain the 60 votes required to move to the vote.

I don't have a prediction as to how it will play out, just summarizing a couple of paths that are short of a rules change (or rules reapplication, see Rule XXXI) the way that I understand them.

[InterceptPoint]

Some Democrats would have to vote for cloture in order to obtain the 60 votes required to move to the vote.

That's true. Reid would pick 'em and they would vote with the Pubbies. They would do this to delay the actual nuclear option vote until some later date.