 His language indicated he lacked the 33 votes needed among Nebraska's unique one chamber legislature of 49 senators to overcome a sure filibuster on the proposal. Now, let me pause. The filibuster is a fake creation. If we would have followed the filibuster, we would not have Neil Gorsuch, Brett Kavanaugh or Amy Coney Barrett on the Supreme Court. And Donald Trump would not have presidential immunity and Donald Trump very well not be allowed on the ballot.