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There is no next step. this is the step they created in november of 2013. >> well, look, they say that it did not may ply to supreme court justices. they made that point at the time on the floor, but both you and i know we're talking -- this is not like it's in the constitutional. it's not like the senate rules are written in the constitution. you can make them up as it goes along. it's precedent. the precedent is, at least right now, that, you know, supreme court justices, you know, you can filibuster them right now, but you say -- >> no, no. >> i would push back on that. i push back on that....

Nominee was blocked. i was part of the nuclear committee. i wanted to deploy the harry reed nuclear option because i think actually the rules -- the way harry reed interpreted them is right. the senate filibuster rule does not apply to executive no, ma'am nags. the rule is very clear. it says legislative calendar. nominations are on the executive calendar. it's actually a separate calendar. the rule, as written, never in my mind -- it was always custom that they applied it to a nominee, but it never actually did. what harry reed did was went out and said we're going to apply it to all nominati...

We were prior to 2003 when simply nobody ever filibustered an executive -- part of the president's executive calendar, including supreme court nominees. i hope that we don't do that. but if we did, it would simply be defacto, or what was defacto prior to 2003. what i'm most concerned about is the legislative filibuster and not breaking with the senate there. that's been good for the institution and good for the country. >> as every senator will tell you that's been there a ile, you're only in the majority until you're in the minority. >> that's exactly right. it's tough to remember sometimes, ...

Still holding out hope that merrick garland will get a hearing and a vote. that's not going to happen. but has this been a stain on the senate? >> since 2003, when democrats first and republicans later, have kind of blocked the president's executive calendar, which was really never done before that, i think it has been a stain on the senate. i hope we can get back to moving the president's nominees and cabinet officials at least to the floor for a vote. it has not been good for the senate. i hope we can move away. i do think we ought to continue to treasure the legislative filibuster. it makes...

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