Merkley to seek injunction to stop Kavanaugh vote

[DonViejo]

Source: Politico



By ELANA SCHOR 09/26/2018 11:23 AM EDT

Sen. Jeff Merkley (D-Ore.) on Wednesday will announce that he's seeking an injunction in federal court designed to stop a final vote on Brett Kavanaugh, asserting an obstruction of his constitutional duty to advise and consent on nominees.

Merkley's still-pending filing in the U.S. District Court for the District of Columbia comes as Senate Republicans vow to push ahead with a vote on President Donald Trump's Supreme Court nominee in the coming days — and hours before a landmark hearing slated with Christine Blasey Ford, who has alleged a decades-old sexual assault by Kavanaugh.

Merkley's bid for an injunction hinges on the Senate's constitutional duty to provide advice and consent on nominees and charges that he's been prevented from fulfilling that due to the withholding of records on Kavanaugh's past service in the George W. Bush administration.

“The events of the past ten days have only underscored how critical it is that the Senate conduct a careful and comprehensive review of a nominee before giving its consent,” Merkley told POLITICO in a statement.

Read more: https://www.politico.com/story/2018/09/26/merkley-injunction-stop-kavanaugh-vote-843080

[hlthe2b]

1. Discussing here too...

https://www.democraticunderground.com/100211184538

[meadowlander]

2. That's meta.

What happens if it ends up in front of the Supreme Court?

Got to love the outside-the-box thinking though.

[BumRushDaShow]

3. I doubt the courts will intervene in the business of the legislature

unfortunately.

They will simply say that each body has its own "rules" and it is their responsibility to follow them... or whatever. Plus based on Merkley's argument, the court may refer him back to the chair of the committee, who would be the ultimate one to decide what constitutes sufficent "advice and consent".

This is the perfect example of where elections have consequences.