Reply #8: It's actually not clear whether courts have jurisdiction. [View All]

[TahitiNut]

Without question, attempting to involve the courts in a matter of procedure would be unprecedented, but the circumstances themselves are unprecedented. The reason the courts might become involved is because of the approach the fascists are expected to follow. The 'nuclear option' would involve a floor challenge (a point of order to the presiding officer: Cheney) asserting "unconstitutionality" of the super-majority rule to invoke cloture. This is how the fascists plan on bombing the rules. Cheney would then, in a ruling form the chair, agree that the rule (Rule 22) is "unconstitutional" and declare a simple majority sufficient to close debate. The courts might then be asked to get involved under the theory that (since Marbury) they're the legitimate arbiter of "constitutionality," not the Presiding Officer of the Senate. Whether such an appeal is filed, however, and whether it's accepted is highly speculative.