“I think the Republicans would be on good ground to go to the Supreme Court to demand that the House turn over the articles of impeachment to the Senate per the Constitution, or else the Supreme Court would invalidate the articles of impeachment as unconstitutional.”
That might be worth a try. I doubt, though, that SCOTUS will step in at the point.
Article I Section 3 says:
The Senate shall have the sole Power to try all Impeachments.
The Constitution does NOT say the Senate only tries the impeachment sent to them.
SCOTUS doesn't have to decide any BIG issues, just say that once impeached, the House MUST transmit the articles of impeachment to the Senate.
Are there cases when the House voted for passage of a bill and then refused to send it to the Senate?
What if two-thirds of the states submitted an application for an Article V convention of the states to propose amendments to the Constitution, and the House refused to pass it along to the Senate?
No, if the House passes articles of impeachment, it should be Constitutionally compelled to pass it along to the Senate. If they won't, then the Supreme Court should compel them to or declare them null and void.
-PJ
I don’t know that the USSC wouldn’t get involved since there is that constitutional amendment that guarantees a speedy. That would be a good point to make in a law suit to the USSC and that it only has to do with constitutional rights so it could be taken up by the USSC expeditiously without needing to go to the lower courts.