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Common Cause claims filibuster unconstitutional

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The lawsuit to abolish the filibuster is frivolous, both on the law—James Fallows manages to do an entire Atlantic story without mentioning "political question" or standing doctrine or asking anyone who might actually know a little bit about constitutional law—and on the facts. Fallows and Common Cause appear unaware that the requirement of a 60-vote majority for cloture is a reform—early Congresses required unanimous consent to end debate in the Senate. And one suspects that Fallows and Common Cause will have a little more love for the filibuster the next time Republicans take the Senate.

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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

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