I saw a tweet from someone who claimed 51 votes are needed to change the Senate rules so a filibuster can’t stop a Supreme Court nominee. Not 50, not a majority of those present, 51.
With John McCain not apparently available to attend, that would raise the possibility with 49 Dems holding firm that 51 might not be reached.
The two questions: when the nuclear option was done for Gorsuch, did it apply to the entire session, or only that vote?
And is there anything in the rules requiring 51 votes, irrespective of the number of Senators present, to change the rules? (That would surprise me, since to my knowledge as long as their is a quorum — which is 51 Senators present — any majority is adequate to confirm, approve legislation, or change rules.)
I also suspect if it’s a gray area the president of the Senate (i.e. Mike Pence) has the final say.
But if there is any chance that 51 votes are needed, and the nuclear option is not in effect unless re-enacted, then it would be good to know this right away since it would govern strategy going forward.
I know I’d be inclined to speculate if I read this diary, but my main hope is to get some expert answers and/or someone who can google beyond my efforts to find the answer.