If so many Dems are out of the country, then wouldn't we win a cloture vote? What am I missing?
It doesn't matter if opposer are out of the country, on that. 60 affirmative needed to pass it.
The reason the vote will be held up, regardless, is that the Senate will not call for a vote as a matter of general principle, unless all the Senators who want to vote, can be there to do so.
No, The Senate rules on filibusters currently require that 60% of the senators seated must vote FOR cloture. Nobody has to show up to vote against cloture.
It used to be 2/3rds of those PRESENT, which made it easier to break filibusters because even though it was fewer people, they all had to be there.
With the new rules, all that is required is a SINGLE senator to carry the filibuster and to make sure nobody slips in a unanimous consent request.
I will note that, under that rules, if there were no democrats on the floor, Specter could have just asked the chair for unanimous request, the chair could have immediately ruled that he heard no objection, and the deed would be done.
The democrats would be furious, but it could have been done. That is why I always say that the senate rules are written for honorable adults, which are sorely lacking in the democrat senate delegation (witness that trick Reid pulled calling the senate into executive session -- he acted like he was so clever, but the fact is that ANYBODY could do that ANY TIME, and the only reason it never happened before WAS NOT becuase he was smart, but because nobody else has been CHILDISH enough to pull a prank like that).
Out of the country, out of the mainstream, out of their minds...