I have a procedural question. In tie votes, the VP, president of the senate, casts a tie breaking vote. If a confirmation like this is tied 50-50, is the tie breaker still used? I don't know of anything that would change it.
edited to add: I answered my own question. Yes, the VP would cast the tie breaker. It happened in 1881 with a slate of nominees and a tied vote. This is from the senate.gov web site:
On March 18, 1881, early in a special session called to consider nominations received from newly inaugurated Republican President James Garfield, the vice president's hands trembled as he reached for the roll-call-vote tally sheet. In a Senate Chamber packed with senators, House members, and even the chief justice of the United States, Republican Vice President Chester Arthur announced the result of a vote to select a Republican slate of committee chairmen and members. Those in favor: 37; those opposed: 37. When the vice president cast his tie-breaking vote in favor of the Republican slate, the chamber exploded in volleys of cheers and boos.
