media as usual slants news, a number of senators have said there ought to be a vote. they didn't say a vote of 51. most of them meant, if not every one, a vote of 60. that is conventionally a filibuster. should there be a vote unlike with merrick garland? absolutely. will we be able to ask for 60 votes and get a 60-vote threshold? absolutely. >> let me ask you about what happened last night with senator mcconnell and senator warren. we had senator war ren on by phone just off the floor as soon as it happened giving us her take on what happened. what is your take on what happened? i ask specifically because rule 19 exists, it's simple. it's almost never called. it's almost never used in the senate. why did they dust this off and bring it out in this way? >> well, that's the $64,000 question, rachel. this was what i call selective enforcement. when ted cruz called mitch