... there’s precedent for the Supreme Court to review congressional rules: In 1892, in United States v. Ballin, the Court held that while “the Constitution empowers each house to determine its rules of proceedings,” it “may not by its rules ignore constitutional restraints or violate fundamental rights.” And while some may argue that the filibuster has, at this point, been around for well over a century, the Supreme Court has previously held that the fact that “an unconstitutional action has been taken before surely does not render that same action any less unconstitutional at a later date.”
Now, whether or not this Supreme Court would even take the case is problematic.
However, I'll guarantee you this: if the Repuglicans take control of the the Senate next year, the filibuster will be gone.
And that is what is so pathetic about Harry Reid's 'leadership' of the Senate -- his timidity and deference has put the progressive agenda and Pres. Obama's proposals up for "super majority" vote defeats, while we all know that the Repuglicans will suffer from no such qualms when (if) they get 51 Seantors.