Another Day, Another Dem Fact Check

FACT CHECK THREE: ‘There Is No “Traditional” 60-Vote “Standard”’

The Washington Post’s Fact Checker: “There is no ‘traditional’ 60-vote ‘standard’ or ‘rule’ for Supreme Court nominations, no matter how much or how often Democrats claim otherwise. Three Pinocchios.” (“Sanders’s Convoluted Claim That Democrats Are Not Trying To Filibuster Gorsuch,” Washington Post’s ‘Fact Checker,’ 3/29/2017)

• “Democrats in the Senate continue to persist with the false talking point that they are simply holding Supreme Court nominee Neil Gorsuch to a ‘standard’ of 60 votes when there is actually nothing standard about requiring a Supreme Court nominee to have 60 votes.” (“Sanders’s Convoluted Claim That Democrats Are Not Trying To Filibuster Gorsuch,” Washington Post’s ‘Fact Checker,’ 3/29/2017)

Fact Checker: “As we have noted, filibusters — and cloture votes — are rather rare in deliberations over a Supreme Court nominee. In all, there have been a total of four cloture votes concerning Supreme Court nominations — the successful blocking of the 1968 nomination of Abe Fortas, and unsuccessful filibusters of William H. Rehnquist in 1971 and 1986 (for chief justice) and also Samuel A. Alito Jr. in 2006. But those have been the exception, not the rule...” (“Sanders’s Convoluted Claim That Democrats Are Not Trying To Filibuster Gorsuch,” Washington Post’s ‘Fact Checker,’ 3/29/2017)

Fact Checker: “Two members of the current court were confirmed with fewer than 60 votes.” (“Sanders’s Convoluted Claim That Democrats Are Not Trying To Filibuster Gorsuch,” Washington Post’s ‘Fact Checker,’ 3/29/2017)

• Justice Clarence Thomas was confirmed 52-48 (PN456 Clarence Thomas, Roll Call Vote #220, 10/15/1991)
• Justice Samuel Alito was confirmed 58-42 (PN1059 Samuel Alito, Roll Call Vote #2, 1/31/2006)

FACT CHECK TWO: ‘Confirmation Vote For A Supreme Court Nominee Requires Only A Simple Majority, Or 51 Votes’

FactCheck.org: “A confirmation vote for a Supreme Court nominee requires only a simple majority, or 51 votes.” (“Sanders On SCOTUS Filibuster, Factcheck.org, 2/6/17)

FACT CHECK ONE: ‘Sixty Votes Is Not “A Standard” For Supreme Court Confirmations’

The Washington Post’s Fact Checker: “Democrats are being slippery with their language. Sixty votes is not ‘a standard’ for Supreme Court confirmations, as two of the current justices on the court did not meet that supposed standard.” (“Senate Democrats’ Misleading Language On A 60-Vote ‘Standard’ For Supreme Court Nominees,” The Washington Post’s ‘Fact Checker,’ 2/2/17)

FALSE: ‘The Senate Must Insist Upon 60-Votes For Any Supreme Court Nominee’

SEN. CHUCK SCHUMER (D-NY) Yesterday: “Well, 60 votes should be the standard.” (ABC’s “This Week,” 3/26/17)

• SCHUMER: “First, it's 60 votes, which we've required of every – it's called a filibuster, but it simply says you need 60 votes – I've always believed that's the right amount of votes… I was open-minded and waited for the hearings.” (WABC-NY, 3/26/17)

SEN. DICK DURBIN (D-IL): “…Neil Gorsuch. He should have a hearing and he should meet the voting standard that Supreme Court nominees are held to of 60 votes. A standard that was met by Elena Kagan as well as Sonya Sotomayor, President Obama's choices.” (MSNBC’s “Morning Joe,” 2/1/2017)

FACT: Neither Sonia Sotomayor Nor Elena Kagan Required Any Sort Of ‘60-Vote’ Threshold

No Democrats now serving in the Senate have EVER insisted that a Democrat President’s SCOTUS nominee meet a 60-vote standard.

FactCheck.org: “…that was not the case for the two Supreme Court justices nominated by Obama and approved by the Senate. Both were confirmed in the 111th Congress, when the Democrats controlled the Senate: Sonia Sotomayor on Aug. 6, 2009, and Elena Kagan on Aug. 5, 2010.” (“Sanders On SCOTUS Filibuster, Factcheck.org, 2/6/2017)

The nomination of Sonia Sotomayor to be an Associate Justice of the Supreme Court of the United States did NOT require 60 votes. (PN506 Sonia Sotomayor, Roll Call Vote #262, 8/6/2009)

• “Mr. REID: Mr. President, I ask unanimous consent that tomorrow, Thursday, August 6, at 10 a.m., the Senate proceed to executive session to resume consideration of Executive Calendar No. 309, the nomination of Sonia Sotomayor to be an Associate Justice of the Supreme Court, and that the time until 2 p.m. be divided equally in alternating 1-hour blocks with the Republicans controlling the first hour; that at 2 p.m. the time be divided 15 minutes each as follows: Senator SESSIONS, Senator LEAHY, Senator MCCONNELL and Senator REID, in that order; that at 3 p.m., without further intervening action or debate, the Senate proceed to vote on confirmation of the nomination of Sonia Sotomayor; that upon confirmation, the motion to reconsider be laid upon the table, no further motions be in order, the President be immediately notified of the Senate’s action, and the Senate then resume legislative session. The PRESIDING OFFICER. Without objection, it is so ordered.” (U.S. Senate, Congressional Record, S.8887, 8/5/2009)

The nomination of Elena Kagan to be an Associate Justice of the Supreme Court of the United States did NOT require 60 votes. (PN1768 Elena Kagan, Roll Call Vote #229, 8/25/2010)

• “Mr. LEAHY. Mr. President, I ask for the yeas and nays on the nomination of Elena Kagan to be an Associate Justice on the Supreme Court of the United States. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The question is, Will the Senate advise and consent to the nomination of Elena Kagan, of Massachusetts, to be an Associate Justice of the United States Supreme Court? The clerk will call the roll. The legislative clerk called the roll.” (U.S. Senate, Congressional Record, S.6830, 8/5/2010)