The Senate's Filibuster Rules Are Unconstitutional

Law360 (April 13, 2021, 5:02 PM EDT) -- Most people's mental image of a U.S. Senate filibuster comes from the movie "Mr. Smith Goes to Washington" — a lone senator, talking for hours until exhaustion takes over or the majority gives up.

The so-called speaking filibuster is no longer required to hold the floor, but it still happens occasionally. The two longest were by then-Independent Sen. Wayne Morse from Oregon, who spoke against the Submerged Lands Act for 22 hours and 26 minutes in 1953, and then-Democrat Sen. Strom Thurmond from South Carolina, who spent 24 hours and 18 minutes trying to talk the Civil Rights Act of 1957...

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