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Reply #54: The Courts have no jurisdiction, the issue is not "justiciable" [View All]

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kurtyboy Donating Member (968 posts) Send PM | Profile | Ignore Sun Apr-17-05 11:31 PM
Response to Reply #8
54. The Courts have no jurisdiction, the issue is not "justiciable"
Edited on Sun Apr-17-05 11:32 PM by kurtyboy
because of what is called the Political Question Doctrine. The question of what rules the Senate adopts for its own proceedings are political in nature, not legal. Even the Supreme Court cannot interfere, as that would be a violation of separation of powers.

If the parliamentarian of the Senate OK's the ruling of the Chair, there isn't much the loyal oppostion can do, except wait for the day when we are the majority. I'm alright with the rule change ONLY IF it applies to ALL issues in the Senate, not just the appointment of Judges. We ought to make some noise about the selective ideological way the GOP is utilizing the rules only when they benefit, ignoring or changing the rules when they don't.
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