Taking the filibuster to court

[Donnachaidh]

http://smirkingchimp.com/thread/bruce-ticker/34014/taking-the-filibuster-to-court

If the U.S. Senate majority today sought to pass a publicly-funded health-care system or repeal tax cuts for the wealthy, a minority of senators could still block said efforts. In fact, they probably would exploit their power of the filibuster.

So what can we do? Make a federal case out of it?

Absolutely. The idea is not mine. Credit Sen. Tom Harkin of Iowa. He suggested just that as he vainly appealed to his Senate colleagues on Thursday, Jan. 27, to vote for up to three resolutions as part of a package to curb the filibuster.

The Senate took some limited steps Thursday to improve its procedures, but fell far short of what it should have done.

More at the link --

[drm604]

1. The article isn't very clear.

Is Harkin saying that he wishes someone would take it to court? Is he saying he's going to take it to court?

How would this be done? What would be the legal arguments?

Is this something that would go straight to the USSC or would it start in some district court or other?

Do the courts even have jurisdiction over Senate procedural rules? Would this violate separation of powers?

[Statistical]

2. This quote is interesting

"The Constitution authorizes the Senate to formulate its own rules, but ..."

Nope; no buts. As short sighted as it may have been the Constitution DOES allow the Senate to make its own rules. The Senate chose to implement a rule for 60 votes to end debate. Nothing Unconstitutional about that. The Senate COULD at anytime change that. Voters COULD get pissed enough to vote out people who support the current rule (from both parties).

If anything a court imposing rule (or prohibition on rules) for the Senate would be Unconstitutional. The Constitution specifically grants that power to the Senate and the Senate alone.

[kudzu22]

3. Be careful what you wish for

Imagine if 2012 brings a Repub majority in the House, 51 votes in the Senate, and President Palin (or other GOPer). Imagine the damage they can do without having to get one Dem to go along with it. Goodbye Healthcare, toodle-oo Department of Education, so long, EPA.

The republicans tried to get rid of the filibuster during W's term, and our side spoke up passionately defending it, especially Harry Reid and the late Robert Byrd. The filibuster is there for a reason -- let's not get short sighted about it.

[pscot]

4. The Supremes won't touch it

Separation of Powers, doncha know.