So what should he try that he hasn't done yet, use harsh language. As much as I hate to say it, it got 55 votes last time with a Senate that had 60 democrats at one point. They are down to what, 53 democrats now? I don't even think that it would get to a simple majority of 51 without the filibuster now, and it needs 60. I know that's not what anyone wants to hear of course.