D.C. Circuit Hears Oral Argument on January 21 in Common Cause Lawsuit Against Senate Filibuster

The U.S. Court of Appeals, D.C. Circuit, hears Common Cause v Biden, 12-5412, on January 21. The lawsuit, filed by Common Cause, five U.S. House members, and others, argues that U.S. Senate Rule XXII (the “cloture rule”, also called the “filibuster rule”) is unconstitutional. Alternatively, the lawsuit argues that it is unconstitutional for each new session of the Senate to assume that rules from the previous session automatically remain in place. Here is the Common Cause brief.

The U.S. District Court had ruled on December 21, 2012, that the plaintiffs lack standing.

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