Krazy Kounsellor Klayman Rides Again

WASHINGTON - A private conservative group sued the Senate Thursday in federal court in an effort to have the Democratic filibuster of President Bush's judicial nominees declared unconstitutional.

Judicial Watch also wants a U.S. District Court judge to immediately ban the Senate from using filibusters to block other federal judicial nominees.

"The idea is to put an end to the subversion of the Constitution by both political parties when it comes to nominating and confirming judges," said Larry Klayman, the group's chairman.

Krazy Kounsellor K. needs to go back to law school:

The primary legal theory being put forward by right-wing legal scholars and activists to support their claims rests on bad logic, bad law, and bad history. Conservative legal pundit Bruce Fein, scheduled to appear at Tuesday's hearing, is among those arguing that requiring a supermajority to cut off debate on judicial nominations is impermissible. Such an interpretation defies the language of the Constitution and the history of the Senate.

In fact, Article I, Section 5 of the Constitution clearly states that each House of Congress would make its own rules. In some areas, the framers of the Constitution did take some matters out of the hands of Congress by requiring, for example, two-thirds of the Senate to approve international treaties. Requiring a majority vote to approve matters is in essence a parliamentary floor, not a ceiling. Nowhere in the Constitution is there a requirement for a simple majority for votes on nominations.

In fact, it wasn't until 1917 that there was any way other than unanimous consent to cut off debate on issues, including judicial nominations, and bring them to a vote. In that year the very first cloture rule was adopted -- two thirds of the Senate present and voting required to invoke cloture and force a vote on a measure. For the past 54 years, the Senate has required a super majority of the entire Senate (ranging from 3/5 to 2/3) to bring judicial nominations or legislation to a vote.