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50 votes plus pence and he's confirmed. >> 60 votes have been the standard for obama's nominees, it should be the standard for trump's nominees. and here's why we have this standard. we left it in place when we went to a simple majority on other cabinet executive positions when we went to change it for judges at a lower level, but this is the most powerful court in the land. >> senator, you just said that 60 votes of the standard for barack obama's two nominees to the supreme court, neither one of them faced a filibuster, they received more than 60 votes, but neither one faced a filibuster. >>...

And the democrats in terms of the court seat are saying look, if we just sit here and say, okay, the republicans let merrick garland sit there, and now we're just going to roll over, they're saying, this will happen again and again and again. so the standard view is, won't this make things worse? their argument is no, what will make it worse as senator merckly said, is if we do absolutely nothing after what was done for merrick garland, it's going to be a tough time up there. i don't think senator mcconnell did his side by shutting warren up, he should have let her talk. >> and you mention the...

And this contributes i think to a sense of not wanting to hear the voices of women. i'm not sure that was senator mcconnell's intention, but this has been a gift to democrats in this battle. >> rick tyler, i'm curious, how does this look to you? does this look like a miscalculation on mcdonnell's part? elizabeth warren got under his skin, he overreacted with a political implications now? or is there some strategy here, you see on mcconnell's part? >> look, i think that senator mcconnell last night had enough from the senator from massachusetts. and the reason was look, she's got to stop hiding...

Where are the boundaries of political discourse? where the fault lines in what the two parties can do as far as pushing to stop a nomination or protect a nominee? that's part of what we're seeing here, steve. we may see more of it. that's where you heard marco rubio saying we need to be more careful about how hot it gets on the senate floor. steve. >> rule 19, that's what mitch mcconnell really citing here. senate resume 19. let me read this quickly. no senator in debate shall directly or indirectly bring any form of words impute to another senator any conduct or motive unworthy or unbecoming ...

Senator. where does this that line exist. and violation of that rule. how would you draw that line? >> look at the phrase or rt sentence last night. it was simply it this, cover ret that scott king said that mr. sessions exercised the awesome power of his office to chill the free exercise of the vote by african americans. that was more or less a fact about the conduct that was examined back in 1986 by the senate judiciary committee. and the senate committee did find mr. sessions, senator sessions unfit to serve as a judge based on the testimony and the testimony of many others.