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Supreme court and having clerked on the supreme court that every vote is important. every one is potentially a swing vote. this very conservative out of the mainstream justice could not only be a swing vote but a sway voice. he could sway other justices to his point of view. so the idea that there's a more important justice down the road i think is mistaken. this vote is critical and this justice we have opposed because he is potentially out of the mainstream. >> senator, i want to ask you about syria before we go. you were part of the debate back in 2013 when the u.s. was searching for an app...

I went to lamar alexander one of my dear friends in senate and it said, if you keep holing back on scores and scores of judges my side will want to change the rules. go to mitch and tell us to have votes on a few of those, many of whom had gotten bipartisan support and the answer was no and we changed the rules. but the one thing that stands out here, we did not change it for supreme court for one very important reason. and that is on the most important of decisions, 60 votes is called for. that's why you get a mainstream, that's how you get a mainstream justice. mitch calls it a filibuster. w...

D.c. circuit. i went to lamar alexander one ot my dear friends in senate and it said, if you keep holding back on scores and scores of judges my side will want to change the rules. go to mitch and tell us to have votes on a few of those, many of whom had gotten bipartisan support and the answer was no and we changed the rules. but the one thing that stands w out here, we did not change it for supreme court for one very important reason. and that is on the most important of decisions, 60 votes is called for. that's why you get a mainstream, that's how you get a mainstream justice. just about ev...

Disrupt president trump's agenda. senator mcconnell has not only been a constitutional k conservative, he's a mainstream justice. that's something his record is strong. i believe without a shadow of doubt whether they have to go through it through the nuclear option. >> now we are talking about three democrats who say they will vote yes on gorsuch. and is it a matter of other democrats letting go of garland? >> there are a few things here, fredricka. one is that when barack obama made supreme court appointments, those people got 63, i believe, and 68 votes in the senate, and any nominee from t...

Mcconnell shifted the liability to the other side of the aisle. >> well, i can tell you is that neil gorsuch will be confirmed this week. how that happens depends on the democratic friends. >> later, chuck schumer made his argument for the 60 vote threshold. >> on the most important of decisions, 60 votes is called for. that's why you get a -- that's how you get a mainstream justice. highly unlikely he'll get 60. >> democratic senator joe d donnelley of indiana announced his support of gorsuch this afternoon. that makes three democrats who are up for election in 2018. joining me is brian darli...