The activist group Common Cause is suing the U.S. Senate, saying the rules that require 60-votes are unconstitutional. A number of Democratic lawmakers and some undocumented immigrant students also joined the suit.
The students, who were born outside the U.S. and brought to the country illegally by their parents, claim they were denied a path to citizenship because of the archaic 1975 filibuster rule. During the 2010 lame-duck session, the DREAM Act, backed by President Barack Obama, won passage in the House and attracted a simple majority of 55 votes in the Senate, but fell short of the 60 needed to break a GOP filibuster.
The Democratic lawmakers argue that their votes in the House have been “diluted” by the filibuster rule, since such bills as the DREAM Act and campaign-finance DISCLOSE Act passed the House and won backing from a majority of senators but fell short of the 60-vote threshold. The DISCLOSE Act garnered 59 votes in the upper chamber.