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Hard and the big difference between the president's first pick, sonia sotomayor and his pick now is the state of play in the senate. there were 60 votes and a republican filibuster-proof majority. now democrats have just 59. that will be an inevitable question. very interesting that one of the republican leaders says he doesn't think at this point that's likely. it's very early though. >> all right. our shorty, dana bash, live from the hill. never short of information. thanks. more from the cnn newsroom ahead. why is that? - uh, cause we're bears? - [ panda chuckles ] well, you know snapple's ...

- are you familiar with tea? - uh, yeah, snapple man. we're from china. we're familiar with tea. it's just that i know you're trying to be healthy so-- healthy? hello! we're pandas. it's called extinction. look it up. [ announcer ] healthy green tea, tasty black tea, real sugar. we're still getting paid, right? the best stuff on earth... just got better.

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- uh, cause we're bears? - [ panda chuckles ] well, you know snapple's made with healthy green tea, tasty black tea and real sugar. - are you familiar with tea? - uh, yeah, snapple man. we're from china. we're familiar with tea. it's just that i know you're trying to be healthy so-- healthy? hello! we're pandas. it's called extinction. look it up. [ announcer ] healthy green tea, tasty black tea, real sugar. we're still getting paid, right? the best stuff on earth... just got better.