In May 2012, Common Cause, Members of Congress, and three DREAM Act beneficiaries filed a federal lawsuit challenging the constitutionality of the Senate’s 60-vote filibuster rule. Once employed to ensure open and robust debate, the filibuster today is routinely used to block debate and action in the Senate on critical issues. The suit alleges that the Senate may not use its rulemaking powers to alter the number of votes necessary to pass legislation. In other words, it cannot require 60 out of 100 votes to do business.
The suit is currently pending appeal.
Common Cause is represented by National Governing Board member Emmet Bondurant of Bondurant, Mixon & Elmore LLP.
- Complaint in federal district court
- Opposition to defendants’ motion to dismiss
- District court opinion
- D.C. Circuit Brief of Appellants
- D.C. Circuit Appeal Brief
- D.C. Circuit Reply Brief
- Oral argument on C-SPAN
- D.C. Circuit Decision
- Petition for En Banc Re-hearing