[meenie]

Wishful thinking. This will be taken to court for sure by the Democrats. What better time to take it to SCOTUS than now? Is it smart strategy to prolong it closer to election? I think not because it will give the Democrats an issue which they lack now. The biggest problem the Democrats have now is a lack of issues. They have to sound like nitpickers unless more issues are given to them.

[Bluegrass Federalist]

True, but we may never have a better chance than this. I don't want to see this issue hanging around until after 2004.

[Bluegrass Federalist]

I weould rather see the Dems take it to Court, challenging Senate rules, than the GOP take it to court challenging the filibuster. That would be a disaster. Let them be the ones resorting to the courts in an effort to overturn the will of the majority Constitutionally exercised. That would be a nice issue for the GOP, I think.

[CA Conservative]

This will be taken to court for sure by the Democrats.

If they Pubbies use the nuclear option, the Dems can try to take it to court, but it won't get far. No court will step into a dispute about the application of internal Senate rules. The Constitution clearly allows each House to set their own rules. This is why the Pubbies have not taken the issue to court, although they might have a stronger case, arguing that the rule interferes with a Constitutional duty of the Senate.