Legal Question in Constitutional Law in Texas
Can a citizen sue Mitch McConnell for refusing to do his job and consider President Obama�s Supreme Court nomination?
Asked on 3/18/16, 10:11 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Not successfully. That would be true even if McConnell had a clear duty to allow a vote. There's no authoritative law either way, but he's probably right that the senate can refuse to cooperate. Whether to do so would then be a question of politics rather than law, which is just one of many reasons why the courts would not intervene. Another is that courts have to respect the constitutional separation of powers. They can't tell senators how to vote on particular bills or nominees, just as the senate can't tell judges how to rule in particular cases.
Answered on 3/18/16, 11:44 am
Related Questions & Answers
-
Given that a judge issues a Temp Ex Parte Protective Order vs a man, but his... Asked 8/02/15, 7:52 pm in United States Texas Constitutional Law