Not an attorney but it seems to me that the existence of the filibuster at all is really counter to the constitution. Unfortunately the constitution seems to be silent on it and, because of separation of powers, the lower courts refuse to recognize standing. Congress walked into this trap in 1917 and reinforced in in the 1970s. The Constitution specifies supermajorities only in limited cases (e.g., treaties, veto overrides, amendments, impeachments). By negative implication (and Framers’ rejection of broad supermajorities under the Articles of Confederation), majority rule governs otherwise. Madison and Hamilton in the Federalist Papers criticized minority vetoes as leading to paralysis. It allows the minority to block legislation, undermining the Great Compromise, bicameralism, and popular sovereignty. We shouldn’t have to nuke a filibuster that shouldn’t exist in the first place.