[AuH2ORepublican]

"Actually it takes 3/5's and since Specter and Inouyi had left town 40 was all that were needed."

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My understanding is that it takes 3/5 of the entire membership of the Senate regardless of how many members are present. That's why a crapload of RATs can go home during a filibuster and the GOP can't break the filibuster with their 55 votes.

[Steven W.]

My understanding is that it takes 3/5 of the entire membership of the Senate regardless of how many members are present.

that's the changed fillibuster rules. Prior senate rules requred 3/5 of however many were present at any one time and thus the 'pull out the cots & sleep on the floor' style fillibusters; DemoncRATs decided they wanted their cake & eat it too so they switched the rules to allow the new 'stay at home & do nothing' form of fillibuster.

[Mister Baredog]

My understanding is that it takes 3/5 of the entire membership of the Senate regardless of how many members are present. That's why a crapload of RATs can go home during a filibuster and the GOP can't break the filibuster with their 55 votes.

Either way I'm NOT looking foreward to DUmmies gloating on Sunday morning.

My new attitude is we are the "tortoise" and the "hare" is being steamrolled, in slow, er very slow motion.

This is not all played out yet but if the votes really weren't there to re-Constitutionalize the confirmation process it's truly sad.