The federal courts have become almost implacably hostile to this kind of reform lawsuit, and those who bring them know that their chances of victory are vanishingly slim. Whatever one may think of the filibuster, however, we can be glad this suit was dismissed; its cure for the filibuster would be worse than the disease.
December 27, 2012
Common Cause v. Biden, challenging the Senate filibuster, was "a nostalgic evocation of the old days of public law litigation."
Observes Garrett Epps.