Argument: Constitution empowers Senate to set rules, including on filibuster
"A response to arguments that a filibuster on the Estrada nomination is unprecedented or inappropriate." National Women's Law Center: "Filibustering or requiring cloture on a judicial nomination is not 'extra-constitutional.' The Constitution simply gives the Senate the duty to 'advise and consent' to judicial nominations and leaves it to the Senate to carry out its responsibility in accordance with its own rules; it does not specify that the vote must be by a simple majority. Requiring cloture to end debate on a nomination is permitted under Senate Rule XXII. [The Filibuster is, therefore, Constitutional]."