Posted on 07/09/2018 7:03:33 AM PDT by TexasGurl24
This week, President Trump will announce his nominee to replace Justice Anthony Kennedy on the United States Supreme Court. Senate Majority Leader Mitch McConnell has promised to schedule the nominees confirmation hearings for this fall, before the midterm elections.
If and when McConnell carries through on this promise, Senate Democrats should immediately file a federal lawsuit against him for violating the so-called McConnell Rule. (According to this rule, as McConnell himself stated on Feb. 13, 2016, The American people should have a voice in the selection of their next Supreme Court Justice.) The issue whether the McConnell Rule is now binding precedent would not be political (and therefore nonjusticiable) but rather fundamentally legal (and therefore justiciable).
(Excerpt) Read more at thehill.com ...
process rule, not law.
dems had no issue changing such ‘law’ things
hypocrites
Insanity in more ways than one, not to mention dishonest. First of all, McConnell never said nor implied that a SCOTUS nominee should not be voted on in a midterm election year as the President chooses who to nominate - and Trump will still be President after this current election. McConnell was beyond clear he was referring to the election of the President. Moreover, the people spoke in that election and elected a Republican President as well as a Republican Senate - the verdict on McConnell’s decision in 2016 has already been rendered by the American people.
Second of all, it is indeed entirely nonjusticiable to file a lawsuit to tell the Senate how it can and cannot hold its own votes - it is irrelevant whether or not the Senate conducts itself hypocritically in someone’s eyes or not.
So this author is a law professor? He knows absolutely nothing about the law, the Constitution, Separation of Powers, and countless other terms related to jurisprudence and our system of government to make the comments he has made in this article. And yet, this is a guy that is TEACHING people in class on a subject he is completely and utterly clueless on - and somehow not only earned a high school diploma, but an undergraduate degree as well as a law degree, and then was hired as professor to TEACH people this total nonsense...and at LSU, which is a taxpayer funded institution. Think about that.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.