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Purveyor

(29,876 posts) Mon Dec 10, 2012, 07:39 PM Dec 2012

Senate Wants Suit On Filibusters Dismissed

WASHINGTON (AP) -- The Senate asked a federal judge Monday to dismiss a citizen lobbying group's lawsuit challenging the constitutionality of Senate rules setting a 60-vote threshold for defeating filibusters.

Emmet J. Bondurant, a lawyer representing Common Cause in the case, said the nation's Founding Fathers never intended to allow a minority in the Senate to block a majority from considering a bill. But that's what the rules now allow, he told U.S. District Judge Emmet Sullivan.

The Senate's lawyer in the case, Thomas Caballero, said the Constitution gives the Senate the authority to make its own rules.

Sullivan gave no indication when he might rule on the Senate's motion to dismiss the case.

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http://hosted.ap.org/dynamic/stories/U/US_FILIBUSTER_LAWSUIT?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2012-12-10-18-00-46

4 replies

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Senate Wants Suit On Filibusters Dismissed (Original Post) Purveyor Dec 2012 OP

Dear Mr. Caballero Panasonic Dec 2012 #1

Depends what you think the "Each House may determine the Rules of its Proceedings" PoliticAverse Dec 2012 #4

One way or another, the present filibuster rules have to be changed Warpy Dec 2012 #2

I don't think Common Cause really has a case here frazzled Dec 2012 #3

Panasonic

(2,921 posts)

1. Dear Mr. Caballero

Reply to Purveyor (Original post)

Mon Dec 10, 2012, 07:51 PM

Dec 2012

Tell me where in the Constitution does it say that Senate has the authority to make its own rules?

I'm looking for it, and fail to find it.

The judge will throw out the Senate's request and let the filibuster lawsuit stand.

PoliticAverse

(26,366 posts)

4. Depends what you think the "Each House may determine the Rules of its Proceedings"

Reply to Panasonic (Reply #1)

Mon Dec 10, 2012, 08:20 PM

Dec 2012

part of the Constitution means.

Warpy

(111,255 posts)

2. One way or another, the present filibuster rules have to be changed

Reply to Purveyor (Original post)

Mon Dec 10, 2012, 07:52 PM

Dec 2012

and the ability of halfwitted ideologues like Mitch McConnell to destroy the Senate's ability to do the work we hired them to do needs to be eliminated.

The filibuster served both parties well until very recently when one party went stark staring crazy and decided to abuse it in order to prevent the majority from ruling on anything.

frazzled

(18,402 posts)

3. I don't think Common Cause really has a case here

Reply to Purveyor (Original post)

Mon Dec 10, 2012, 07:53 PM

Dec 2012

and I'm surprised they're arguing "But that's what the rules now allow." Yeah, rules that were voted into place by Congress, in the early 19th century, and then again in 1917 (the cloture vote), then in 1975, when the 2/3 was changed to 3/5 for cloture.

The Senate writes its rules, which means they can re-write the rules. I bet this will be dismissed.

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