live with it and move on. >> it's simply not true. the republicans have never use ed a filibuster to block a nomination. what happened with merrick garland is a long standing president in the last juror of a president's term you don't get the chance to fill in a very important 30-year term for a candidate. >> where did that rule come from? >> it's a long standing precedent. >> no, it's not, senator. let's go by the constitution. you said about president trump and i would agree. he was elected. he gets to nominate his person to the supreme court and it comes up for a vote. president obama was elected, he was reelected. he gets to nominate justice gar lachbd. there's nothing in the constitution that says he ceases becoming president of the united states -- >> maybe we need to understand the difference what's in the constitution and the term precede precedent. precedent is thnot in the constitution. it's a custom of the united