Expert: 60 vote margin for confirmation not a historical standard

When it comes to the confirmation of Judge Neil Gorsuch to the Supreme Court, the fight isn't just over which senators will support him. It's also about how many votes he needs.

Some Democrats argue Judge Gorsuch needs to get 60 votes to overcome a filibuster and be confirmed, claiming it's a historical standard. 

U.S. Senator Tim Kaine of Virginia says the 60 vote margin is an important part of the process.

"I think a judge on the supreme court should have to get 60 votes to demonstrate bipartisan support, because I think that is important to the credibility of the court," says Senator Kaine.

Republicans have countered that argument citing judges have been appointed with votes just shy of 60, including Justice Clarence Thomas who was appointed with 52 votes in 1991

Dr. Bobbi Adams, an associate professor of Political Science at Salisbury University, 60 votes are not needed for an appointment; however, she explains that amount of votes in the Senate can stop many pieces of legislation from moving forward.

According to Dr. Adams, it's rare for a candidate to reach the senate vote and not be confirmed.

"Gorsuch is not outrageous in anyway. He's not Robert Bork," she says. "He's not someone that they could get the masses upset about. So in the final analysis, I think he will get confirmed."

Dr. Adams adds if Judge Gorsuch is not confirmed, President Donald Trump will have to select another nominee.