A federal lawsuit claiming the filibuster is an unconstitutional "accident of history" is set to be considered on Monday, months after it was filed by a coalition of House Democrats and activists.

The plaintiffs, including Democratic Reps. Keith Ellison (Minn.), Hank Johnson (Ga.), John Lewis (Ga.) and Mike Michaud (Maine), as well as a trio of undocumented immigrants represented by government reform group Common Cause, claim that the filibuster is "inconsistent with the principle of majority rule" and had never been contemplated by the drafters of the Constitution. They filed the suit in May, and on Monday will face a motion by Senate lawyers to have the case thrown out.

Filibuster rules grant massive power to Senate minorities by requiring a supermajority of 60 senators to vote to end debate on a bill. Traditionally a rare occurrence, their use has surged since 2009.

"Actual or threatened filibusters have become so common that it is now virtually impossible as a practical matter for the majority in the Senate to pass a significant piece of legislation or to confirm many presidential nominees without 60 votes," argued Emmet Bondurant, a Georgia attorney who represents the challengers, according to NBC News.

In this particular case, Common Cause argues that filibuster rules are preventing Erika Andiola, Celso Mireles and Caesar Vargas -- three young professional undocumented immigrants -- from achieving a "path to American citizenship" offered by the long-stalled Dream Act. The legislation has been filibustered repeatedly by Senate Republicans, most recently in 2010.

The latest legal push against the filibuster comes as Senate Democrats are seeking to reform the procedure through legislation. Senate Majority Leader Harry Reid (D-Nev.) has come out aggressively and optimistically in favor of filibuster reform, claiming that the changes will go through in January whether Republicans like it or not. President Barack Obama has embraced Reid's and other Democrats' plans to reform the rules.

Correction: A previous version of this story incorrectly stated that Rep. Mike Michaud represents Minnesota. He represents Maine.

Also on HuffPost:

Loading Slideshow...
  • Harry Reid (D-Nev.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 110th-112th Congress (2007-present)

  • Bill Frist (R-Tenn.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 108th & 109th Congress (2003-07)

  • Tom Daschle (D-S.D.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 107th Congress (2001-03)

  • Trent Lott (R-Miss.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 105th & 106th Congress (1997-2001)

  • Bob Dole (R-Kan.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 99th & 104th Congress (1985-87, 1995-96). Dole resigned from the Senate in June 1996 to focus on his presidential campaign.

  • George Mitchell (D-Maine)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 101st-103rd Congress (1989-95)

  • Robert Byrd (D-W.V.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 95th, 96th & 99th Congress (1977-81, 1985-87)

  • Howard Baker (R-Tenn.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 97th & 98th Congress (1981-85)

  • Mike Mansfield (D-Mont.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 87th-94th Congress (1961-77)

  • Lyndon Johnson (D-Texas)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 84th-86th Congress (1955-61). Johnson resigned from the Senate in Jan. 1961 to take on his new role as vice president.

  • William Knowland (R-Calif.)

    (Pictured right) <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 83rd Congress (1953-55)

  • Robert Taft (R-Ohio)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 83rd Congress (1953). Taft died on July 31, 1953 and William Knowland was elected to take over on August 4.

  • Ernest McFarland (D-Ariz.)

    (Pictured standing, far right) <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 82nd Congress (1951-53)

  • Scott Lucas (D-Ill.)

    (Pictured front row, left) <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 81st Congress (1949-51)

  • Wallace White Jr. (R-Maine)

    (Pictured far left) <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 80th Congress (1947-49)

  • Alben Barkley (D-Ky.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 75th-79th Congress (1937-47).

  • Joseph Robinson (D-Ark.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 73rd-75th Congress (1933-37). Robinson died on July 14, 1937, and Alben Barkley was elected a week later to take over.

  • James Watson (R-Ind.)

    (Pictured second from right) <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 71st & 72nd Congress (1929-33)

  • Charles Curtis (R-Kan.)

    <a href="http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm#2">Senate Majority Leader</a>, 68th-70th Congress (1923-29). Curtis resigned from the Senate in March 1929 after being elected vice president.