[So Cal Rocket]

For future reference, it takes 60 votes to invoke cloture, so therefore it would take *41* votes to guarantee that cloture will not be approved.

I'm aware of that fact. I'm also aware that Arlen Specter had already left Washington DC before the vote was taken. So that if there were 40 Nay votes, the most the Aye's could have had was 59.

[AuH2ORepublican]

"I'm also aware that Arlen Specter had already left Washington DC before the vote was taken. So that if there were 40 Nay votes, the most the Aye's could have had was 59."

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I didn't know that RINO Arlen had conveniently skipped town. So yes, under the circumstances, 40 nays would guarantee that cloture could not be invoked.