Sen. Bernie Sanders (I., Vt.) falsely claimed during a Sunday appearance on CNN's "State of the Union" that Democrats in the Senate are not trying to filibuster the confirmation of President Donald Trump's Supreme Court nominee Neil Gorsuch.
"It’s not a question of filibuster. I am for the Republicans obeying the rules that currently exist, and not changing those rules. And the rules right now, for good reasons, are 60 votes," Sanders said.
CNN anchor Dana Bash said that the rules allow for a filibuster, but that the rules don't require the Democrats to use the filibuster.
This response irked Sanders, and he questioned her use of the word "filibuster."
"Because that’s what it is," Bash said.
"All it is, is there will be — no, it is not. There will be a vote. If he doesn’t get 60 votes, he does not become Supreme Court Justice," Sanders said. "That’s the rule right now. It’s not like people are going to be there standing for months and months, bringing down the government. That is what the current rule is. And I think it’s important that it be maintained."
A Washington Post fact check gave Sanders' claim three Pinocchios, meaning his statement that Democrats were not trying to filibuster Gorsuch was "mostly false."
Senate Democrats continue to use the false talking point that they are not obstructionists, but are holding Gorsuch to the "standard" of 60 votes.
The Post defined "filibuster," and pointed out that Sanders and Democrats repeatedly bemoaned filibusters when the Republicans were the minority. The Post included a screen grab of a page on Sanders' website titled, "Bills Blocked by Republican Filibusters."
A filibuster generally refers to extended debate that delays a vote on a pending matter, while cloture is a device to end debate. Filibusters are used by opponents of a nominee or legislation, while cloture is filed by supporters. Under current Senate rules, it takes 60 votes to end debate.
Democrats repeatedly complained about filibusters by the GOP, when it was in the minority, that thwarted action on legislation and nominations.
The Post then shed light on how two current Supreme Court nominees did not have to reach the 60 vote threshold that the Democrats are pushing for. Supreme Court Judges Samuel Alito and Clarence Thomas were both confirmed with less than 60 votes.
Sanders' spokesman Michael Briggs told the Post that there are only two ways to end debate on the Supreme Court nomination: unanimous consent or voting to invoke cloture, which requires 60 votes. He went on to argue that both of former President Obama's nominees to the high court received over 60 votes.
The Post cited a Congressional Research Service report to show how Sanders was attempting to evoke an image of extended debate, concluding that Sanders was taking "arcane Senate procedures to an absurd extreme."
"Sanders was perfectly happy to call Republicans’ demands for 60 votes "filibusters." He should admit that’s what’s happening now, rather than engaging in verbal gymnastics to obscure the truth, " the Post reported.