McCarthy argues that the mistake was made by Republicans in 2017 when they used the "nuclear option" to lower the vote threshold for Supreme Court nominations from 60 votes to a simple majority (51 votes). While it allowed them to confirm conservative justices like Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett with a simple majority, McCarthy claims that they "gained NOTHING" in terms of broader legislative goals or lasting political advantage because Democrats simply adopted the same rule for their own nominations later.
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