Filibustering a New Majority for Cloture

[Sanford Levinson]

As I recall, the President of the Senate, assuming he comes out of his bunker, will rule, on a point of order, that the Constitution prohibits filibustering judicial nominations. That will be challenged by the Dems, but it only takes a majority (or perhaps only 50) votes to sustain the ruling by the chair.  I do wonder, incidentally, if the Republicans are eager to have this coup visibly symbolized by the mendacious Vice President.

Sandy
- Sanford Levinson
(Sent from a Blackberry)

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From: conlawprof-bounces at lists.ucla.edu <conlawprof-bounces at lists.ucla.edu>
To: CONLAWPROF at lists.ucla.edu <CONLAWPROF at lists.ucla.edu>
Sent: Wed Nov 02 07:48:18 2005
Subject: Filibustering a New Majority for Cloture

        A straightforward informational question. If the Republicans decide to change the majority vote for cloture what precludes the Democrats from filibustering that vote.  There must be some obvious parliamentary (or other) rule against doing so because without such a rule the nuclear option, as I understand it at least, is not a genuine option. Right or wrong?
 
Bobby
 
Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
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