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Response to Maraya1969 (Reply #7)

Fri Nov 8, 2019, 02:20 AM

12. Challenging constitutionality of invoking the "nuclear option" ??

I'm winging it here, but it is my understanding that invoking the "nuclear option" was based on an argument that Rule XXII was unconstitutional. As far as I know, this was never tested in court.

I wonder if invocation of "the nuclear option" could be challenged as unconstitutional?

Unfortunately, even if it could be challenged, given the state of the judiciary and with the Republicans in the majority in the Senate, any challenge would undoubtedly result in a confirmation that requiring a 2/3's majority for cloture was unconstitutional. If the dems were in power, the right-wingnut judiciary would go the other way.

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