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performance in confirmation hearings may earn support to clear the 60 vote threshold and put him on the bench. npr legal affairs correspondent joins me now. such a pleasure to have you and i want to get right into the questions here. as we talk about the democrats who are already publically against him, what are they taking from the hearings to try to sell on the senate floor? >> well, their argument is essentially you denied our nominee to the supreme court who president obama picked for almost a year, and you have replaced him with somebody who is too conservative for us to vote for. that's basically their argument. but they don't have the votes. they can't -- they can't defeat him. and i'm frankly doubtful that they could defeat him with a filibuster because all the republicans have to do then is change the rules. >> so the debate that we've seen and certainly lindsey graham

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