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Mon Dec 10, 2012, 06:39 PM

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

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Reply Senate Wants Suit On Filibusters Dismissed (Original post)
Purveyor Dec 2012 OP
Panasonic Dec 2012 #1
PoliticAverse Dec 2012 #4
Warpy Dec 2012 #2
frazzled Dec 2012 #3

Response to Purveyor (Original post)

Mon Dec 10, 2012, 06:51 PM

1. Dear Mr. Caballero

 

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.

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Response to Panasonic (Reply #1)

Mon Dec 10, 2012, 07:20 PM

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

part of the Constitution means.

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Response to Purveyor (Original post)

Mon Dec 10, 2012, 06:52 PM

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

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.

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Response to Purveyor (Original post)

Mon Dec 10, 2012, 06:53 PM

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

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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