Where do you people get 59 from?

Cloture to break a filibuster requires three-fifths of all currently serving senators. So if there's 100 of them, that's 60, doesn't matter if anyone is not in the senate at the time, technically a single senator could filibuster while another 40 are having a circle jerk in the break room. Being absent or not voting basically equals a no.

Moreover, even if McCain were to kick the bucket three-fifths of 99 rounded up is still 60. You'd need 98 senators to have 59 threshhold, 96 for 58, 95 for 57, etc, etc.

Any fraction on thresholds is rounded up.


Now, for the actual up/down vote, if it ever comes to it then you need more yeas than nays, with VP breaking the tie if there is one (or the motion failing if the VP is not present or doesn't vote). Thing is, in all honesty no one will vote for cloture and then vote against the bill. Even if, that won't be 10+ people. Another thing to consider is that only presidential nominations and reconciliation bills cannot be filibustered. They already used this year's reconciliation to give a tax cut to the rich.