Rumor vs Reality

Reality Team
September 24, 2020

Until 2017 it took 60 Senate votes to confirm a justice. In order to be confirmed, nominees had to have moderate enough views to get 60 senators to vote yes. Senate Majority Leader Mitch McConnell changed that rule so now only 51 votes are needed.

The last Democratic Majority Leader did the same thing for lower court judges because Republicans blocked most Democratic nominees.

Since McConnell’s rule change, Justices Gorsuch and Kavanaugh were confirmed with fewer than 60 votes.

References

CNN: Senate GOP triggers nuclear option to break Democratic filibuster on Gorsuch

CBS News: Nuclear option: Why Trump’s Supreme Court pick needs only 51 votes

Related cards

Rumor: Democrats want to pack the Court with new justices. Reality: Congress sets the number of justices on the Supreme Court.

Rumor: You can't confirm a Supreme Court Justice so close to an election. Reality: There is no rule about the timing of a Supreme Court confirmation.

Rumor: Do Supreme Court Justices need 60 votes to be confirmed? Reality: 51 votes is enough to confirm a Supreme Court nominee.

See an error in our work? Please let us know and include the source of your info. We’ll update or correct as appropriate.

Rumor vs Reality

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