Reply #41: It can be eliminated at any time, BUT NOT WITH 51 VOTES! [View All]

[Hippo_Tron]

Senate standing rules are not allowed to be changed with 51 votes. It requires at least a 3/5ths majority (it might be a 2/3rds I'm not sure).

The problem is that the GOP is claiming that the constitution requires an up or down votes on judges.

Here's what the constitution says (not direct quotes)

1) Advice and consent on appointments

2) Senate shall set its own rules

It doesn't say anywhere that there MUST be an up or down vote on judicial nominees and FURTHERMORE it doesn't say that there must be an up or down vote on judicial nominees except when the judiciary committee doesn't approve. The Senate is allowed to set its own precedents and rules for this thing and the standing precedent is that rules require more than a simple majority to end and measures require more than a simple majority to be brought to a vote.