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Senate Minority Leader Mitch McConnell (R-KY) can reportedly stop Democrat President Joe Biden from being able to replace Supreme Court Justice Stephen Breyer should Breyer indeed decide to retire as expected. With judicial nominees, only 51 votes are needed to confirm a nominee, commonly referred to as the “nuclear option.” In a 50-50 tied Senate, Democrats will likely need all their Senators to vote for the nominee and then would need Vice President Kamala Harris to be the tie-breaking vote.