So if the dems filibuster and the pubs nuke it what does that mean down the road? Can the pubs force another selection through with just 51 votes or does it reset to 60 again?
Once the bell is rung it can't be undone. Yes the tradition would be to use 60, but once it's accepted as practice, it can be used again. Deadspin has a good look at this issue and the Republican hypocrisy behind their actions. The fearful thing is that once you start removing these road blocks to everything from confirmation to what constitutes a quorum to take a vote, we've reached a very slippery slope. The problem is that the Democrats didn't realize soon enough that they were dealing with a party that didn't care about tradition or the rule of law. Now wee have a party in power hell bent on one party autocratic rule.
I really enjoyed this one. Senate parliamentary rules are "the rule of law" - actually statutes not so much.
For what it's worth, Mitch McConnell does not want to nuke the filibuster. But he will if the Dems force his hand. The GOP has put forward a perfectly qualified, acceptable candidate. As a committed textualist - actually interpreting laws based upon the written words - Gorsuch is about as far away from partisan as you can get. The Dems have no basis to filibuster other than as retribution for the Senate's refusal to consider Garland. But the GOP had no obligation to give Garland a hearing. It was their prerogative as the majority party.
I hope the Dems do filibuster, and this bites them in the ass extra hard when Trump nominates Bill Pryor to replace RBG.