Quote:
Originally posted by sgtclub
Well I'm going to fight the hypo - This particular senate is not making any determination. It would be a court making it if it were challenged.
This particular Senate is no better positioned than any other Senate, just like a plaintiff that challenges the constitutionality of a statute is no better positioned to do that than a person to whom the statute was applied prior in time.
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How would a court ever have the opportunity to hear this challenge? If the nuclear option is used, what does Ted Kennedy do--sue to say that a judge was confirmed over a lawful fillibuster?
As to your point in the next post, how can many of the Senate's rules be justified? For example, if a committee refuses to report out a nominee or a bill, that ends it. That can happen with just 9 or 10 senators. Or a hold--a single senator can stop some things. Ty can have my proxy on this one from here.
