Filibuster is Not Unconstitutional
His stance is based on these two general claims:
1. "The Constitution confers on each House of Congress the broad authority to 'determine the Rules of its Proceedings.' (Art. I, § 5.)"
2. "With regard to Common Cause’s objections, I don’t see any material difference between how the filibuster operates and how the Senate’s committee structure (also a creation of Senate rules) operates. When, as routinely happens, a bill or a nomination is referred to a committee, the Senate thereby vests in a minority of the Senate the ability to block any further action on the bill or nomination. Indeed, the minority is much smaller than the minority needed to sustain a filibuster."