“...a federal judge ruled Friday that he had waited too long to sue.”
It’s preposterous that this is given as a reason at all. The Senate is a corporate body, and the Republicans hold control. The constitutional procedure has been followed.
The ruling implies that if Merkley had sued earlier, a court could have intervened. The courts have NO jurisdiction whatsoever over actions of Congress. The separation of powers affirms this.
If the suit is beyond the power of the court, what difference does the timing make?