[killbuckner]

OK... while a fillibuster is going why would the democrats be able to keep only a handful around? If at any point they had less than 40% of the republicans, the republicans could vote on cloture right? If we have 60% the vote passes and estrada gets his vote. You need to give 2 days notice in filing cloture, but once it has been filed a vote can be taken at any time right?

[William McKinley]

No. There are different rules for cloture depending on what is being discussed. For anything other than rule changes, it requires 60 votes for, period. For rule changes (including the rule mandating 60 votes for cloture on other things) it requires 2/3 of the Senators present.