>>12872360 (l/b)
He's arguing the principle. The legitimacy (or otherwise) of the specific is not the main thrust of his argument.
Think of it this way: it is not possible to re-establish the law by breaking the law. It is not possible to re-establish the correct role of the Senate by deferring to, and joining with, the abuse of senatorial powers.
The role of the Senate is not to entertain the public, it is to maintain the Constitution for the public benefit. The Senate needs to be reminded of this obligation and responsibility and that can't be done by joining in with the abuse.