Quote:
Originally Posted by ThurgreedMarshall
That's not the question. The question is, if McConnell took that action* and there was a lawsuit, could they hold that the process is unconstitutional.
The next question is, could they define a minimum test that meets constitutional standards for 'advice and consent?'
TM
*Determined on his one that the mechanism is that the Majority Leader made all decisions on nominees.
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If the majority leader usurped the power of the Senate, I don't think they'd have any trouble rebuking the majority leader. It's not a political question or a separation of powers issue because the issue is an individual senator aggrandizing himself at the expense of the senate as a whole. So too if they attempted to seat an appointee only voted on by the judiciary committee. But I don't think they can go beyond something like "genuine action of the Senate."
But none of that presents the same questions as the Senate simply refusing to act.
