Brian Beutler takes a look at the ins-and-outs of cloture rules and reports that if there are 99 seated senators, then the number for cloture -- which is to say, the number to prevent a filibuster -- drops from 60 to 59. If there are 98 seated senators, it stays at 59. In other words, if Franken's election gets tied up in litigation but Burris is appointed to Obama's Senate seat and serves, then there is no effective difference for the Democrats. If Franken gets tied up in litigation and the Illinois seat gets tied up in rules, then the Democrats have to find an additional Republican vote on most major piece of legislation. "If you don't think that's a big deal, writes Beutler, "go back and look at the cloture votes in the 110th Congress, and count up the times 41 or more Republicans voted to obstruct."
