Is the filibuster unconstitutional?

[Wakelaw2006]

Some interesting arguments from a hell of a lawyer. A friend from my summer associate class is the associate on the case. Not remembering much of anything from Con Law, my first though was that a court might hold this to be a "political question," but that is a total off the cuff reaction with nothing to back it up.

Article:

http://www.washingtonpost.com/blogs...onstitutional/2012/05/15/gIQAYLp7QU_blog.html

Complaint:

http://www.bmelaw.com/media/news/47_Filed COMPLAINT.pdf

 

[ImTheCaptain]

yeah Mike Michaud (ME-D), you fight that filibuster

 

[RaleighDevil]

http://volokh.com/2012/05/15/a-futile-suit-against-the-filibuster/

Another viewpoint.

 

[EatLeadCommie]

I think it's an interesting but pretty weak argument. Congress may make its own rules, and the filibuster does not violate any stated Constitutional principle.