LEGALLY QUESTIONABLE?

Supreme Court Seat Shuffle? Judges' retirements would spark first shift in decades (Timothy M. Phelps and Tom Brune, 5/18/03,NEWSDAY)

Both sides expect a brutal battle, with the Republicans even threatening to force a legally questionable change in Senate procedure to prevent a Democratic filibuster. Such a move could itself force a constitutional crisis.

I'm uncertain about the plans of any of the justices, and retirements have been consistently predicted for the last few years...indeed this seems to be a replacement for the old Kremlin watches.
However, I note in the article the phrase "legally questionable." See the US Constitution, Section 5, Clause 2:

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

How is the Senate changing its rules legally questionable? Posted by Stephen Judd at May 19, 2003 5:58 AM