Discussion: Appeals Court Rejects Lawsuit Saying The Filibuster Is Unconstitutional

Discussion for article #221295

Although the decision may be right on the outcome, the method of reaching it is kinda sleazy to my way of thinking, because it’s pretty obvious that there’s no named defendant the court would find suitable. (If you can’t sue the senate as an entity, and you can’t sue it in the person of its officers, you’re pretty much done. It’s as if Supreme Court had accepted the state-government claim in Roe v. Wade that the case was moot because any possible plaintiff would already have given birth by the time the case was decided.)