November 22nd, 2019 at 11:30 A.M. in Courtroom 18B, 500 Pearl Street, New York, NY 10007.

[DetlefK]

https://www.dailykos.com/stories/2019/9/17/1886183/-The-Court-Has-Issued-Summon-to-McConnell-related-to-the-Garland-Nomination?utm_campaign=trending

On 09/03/2019, Equal Vote America Corp. (EVA) has filed a civil lawsuit against Mitch McConnell and Charles Grassley at the U.S. District Court for the Southern District of New York (CASE # 1:19-cv-08178) because of their complete obstruction of Chief Judge Garland’s nomination to fill a vacancy on the Supreme Court during 2016.

Today, the District Court has duly issued the summon to the two named defendants:

MITCH McCONNELL in the capacity of the Senate Majority Leader, and
CHARLES GRASSLEY in the capacity of the Chairman of the Senate Judicial Committee

The case has been assigned to District Court Judge Denise L Cote, who has ordered the initial conference to be held on November 22nd, 2019 at 11:30 A.M. in Courtroom 18B, 500 Pearl Street, New York, NY 10007. The court session is open to the public, first come first seated.

As of today, more than 6,500 Fellow Americans have signed the Online Affidavit to join as co-plaintiffs. This has become the largest grass-root ordinary citizenry legal action to defend our constitutional rights for due process and equal protection of laws in our country’s history.

[Hermit-The-Prog]

1. not sure how far it will go, but the publicity should annoy Moscow Mitch

It might go all the way to SCOTUS, but Justice Beer Bong Weenie Waver and Gorsuch are not likely to recuse.

[42bambi]

4. OMG, "Justice Beer Bong Weenie Waver" I

can't stop laughing!

[Hermit-The-Prog]

5. courtesy of Stinky The Clown ...

See https://www.democraticunderground.com/100212466681

[Maraya1969]

6. Gorsuch should have to recuse himself since he took

Merrick Garland's Supreme Court seat.

There is obviously a conflict of interest there.

[FBaggins]

7. I can tell you almost exactly how far it will go

Roughly 38 seconds after the judge receives the first response.

It's a nonsense suit with zero foundation

[Hermit-The-Prog]

8. the only thing that surprises me any more is justice

I can understand that they may have standing to bring such a suit. I'm just not quite sure how they conclude that the Constitution forces the Senate to consider every nominee put forth by the President.

Article II, Section 3

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

Article I, Section 5

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

If the Senate decided that its rules allow Moscow Mitch, as majority leader, to simply refuse to allow hearings on Garland, then I don't see where it's unconstitutional. It's an outlandish abrogation of power, in my opinion, but it is what it is.

[PoliticAverse]

2. Sorry, but that suit will ultimately fail.

Note that several other times in history nominees to the court have received no action (although none longer that Garland's nomination).
For a detailed history and analysis of nominations, see: https://fas.org/sgp/crs/misc/RL33225.pdf

Note that Equal Vote America is also suing: Nancy Patricia Pelosi, Mitch Addison McConnell, Jr., Charles Ellis Schumer, Kevin Owen McCarthy, Mitch McConnell, Nancy Pelosi, Charles Schumer, Kevin McCarthy and Donald J. Trump over the "unconstitutional government shutdown" (See: https://dockets.justia.com/docket/new-york/nysdce/1:2019cv00777/509033 ).

[bucolic_frolic]

3. A civil lawsuit

interesting that this gets going. What would be the remedy, and will they seek damages?