Juan Non-Volokh yesteday called the notion of suing to stop the filibuster of judicial nominees “the dumbest idea I have ever heard.” In response to this, several readers, including this blogger, e-mailed to ask for elaboration. I also pointed to this exchange I had with Brett Marston as a short explanation of why it might not be so dumb. He briefly responded last evening to several of the counter-arguments, including mine.

With respect to my point, he says that it is a rather classic “political question” of the type the courts tend to stay out of. I agree that this is the case, and made that argument with respect to the move by a few Democrats to forestall the Iraq invasion. The fact that the courts won’t tackle an issue, however, says nothing about the Constitutional merits of the claim.