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View Diary: Filibuster challenged in federal court (80 comments)

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  •  Lotsa luck (0+ / 0-)

    This isn't happening. It is so not happening I wouldn't be surprised at a 9-zip denial.  The rules of legislative procedure are none of the judiciary's business, any more than the federal rules of civil procedure, jurisdiction, etc. are Congress's. If this dumbass suit succeeds, people will be going to court to enjoin someone's filibuster, on the grounds that if a court can make the rules for Congress, it can enforce them too.

    The reason we don't like the filibuster is that following the Civil War the South got very very good at using it, and very very good at a lot of other legislative stuff--from necessity-- and the North didn't. Our hatred of the filibuster is no more than our confession of the Southern tradition of superior legislative skill. We'd do better to get as good at it as they are.  LBJ was that good.  Of course he was  a Southerner.

    This lawsuit is going nowhere.

    •  Of course there is some overlap (0+ / 0-)

      Congress does make some rules about judicial procedure, but they are noninvasive, e.g., you have to certify certain things if you sue someone who may have been in the military, etc., and it makes many rules about time frames and sovereignty and other stuff.  That is nothing compared to what the court is now being asked to do regarding Congress--just nothing.

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