Lawyer Files Suit Against Senate to Take Action on Supreme Court Nominee

Photo Credit: Official White House Photo by Chuck Kennedy

New Mexico lawyer Steve Michel has filed a lawsuit naming Senate Majority Leader Mitch McConnell, Judiciary Committee Chairman Charles Grassley, and the Senate as a whole as defendants. This suit was filed by Michel in an attempt to force Senate to take action on Merrick Garland as a Supreme Court nominee. Michel filed the suit in the US District Court of Washington on Thursday.

A previous suit was filed in Maryland by political activist Brett Kimberlin, whose goal was similar to Michel’s. However, Kimberlin’s case was thrown out due to Kimberlin not having a case involving the Supreme Court and thus was determined to not have a standing by US District Court Judge George Hazel. Michel’s approach is different in that it uses a plea for hearing that is 33 pages long, compared to Kimberlin’s three page complaint. Furthermore, Michel bases his standing on a precedent in which a voter was given a hearing by the Supreme Court under similar circumstances.

According to Article II of the US Constitution, the president is required to provide nominations for Supreme Court justices and shall appoint this nominee under the advise and consent of the Senate. However, the Senate has been stalling this decision, arguing that the president appointed in the upcoming election will be responsible for the appointment of a new Supreme Court Justice.

Why is Appointing an Additional Supreme Judge Important?

Currently, there are eight Supreme Court Justices, four of which tend to be conservative and the other four tend to favor liberal or progressive positions. This can lead to some complicated situations within the Court, and can even lead to cases being left in “limbo.”

If a case that has been through the appeals process is “split,” the prior rulings will hold on that case, limiting the Supreme Court’s ability to give a “final ruling.”

These situations already exist, and even more are expected to occur. These cases have so far included immigration reform and workers’ unions.