(Washington, DC) Judicial Watch, the public interest group that investigates and prosecutes government corruption and abuse, announced today the filing of an important legal motion in support of its lawsuit against the United States Senate, challenging the continuing unprecedented filibusters of President Bush’s judicial nominees. The legal brief, filed October 17, is available by clicking here.

Judicial Watch is asking the United States District Court for the District of Columbia (Judge Colleen Kollar-Kotelly) to declare that Senate Rules XXII and V – that require a vote of at least 60 senators to stop a filibuster – are unconstitutional as applied to judicial nominees. An obstructionist minority of senators has been filibustering several notable judicial nominees for months – including Texas Supreme Court Justice Priscilla Owen, Alabama Attorney General William Pryor, and, until his recent withdrawal, former Assistant Solicitor General Miguel Estrada – even though a clear majority of the Senate supports their confirmations. Judicial Watch’s lawsuit argues that these unprecedented filibusters are unconstitutional as they are contrary to principles of majority governance and the separation of powers.

Judicial Watch’s legal brief also responds to several “technical” arguments previously made by the U.S. Senate which is trying to have the lawsuit thrown out. Evidently because the majority and minority could not agree on common defense strategy, the U.S. Senate has not taken a position yet on the constitutional issues raised by Judicial Watch’s suit. With Judicial Watch’s new motion for summary judgment on these constitutional questions, the U.S. Senate now will be forced to explain whether it believes filibusters against judicial nominees are constitutional. Senate Republicans, including Senate Majority Leader Bill Frist, previously have called the filibusters unconstitutional.

“Republicans and Democrats are trying to defend the indefensible – that the minority rules in the U.S. Senate. The U.S. Constitution says otherwise and the filibuster should be thrown out by the courts,” stated Judicial Watch President Tom Fitton.