The Democrat Filibuster
I recognize this senate testimony by Professor Tom Eastman is tough reading. Well worth it though.
Here is his conclusion:
In sum, there is good reason that the filibuster has only rarely been used in the context of judicial confirmations, and never before against a circuit court judge. The use of the filibuster thwarts the will of the majority, and is therefore not only undemocratic but very likely unconstitutional. Moreover, should the Senate decide on its own initiative to repeal the offending use of the filibuster rule, any attempt to use the filibuster to entrench the filibuster would itself be unconstitutional, and would provide grounds for court intervention either by nominees, by individual Senators, or perhaps by the President himself, to insure that the constitutional norm of majority rule is given effect.
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