The Dread Pro-Se Kimberlin has filed a LOLsuit against Senators McConnell (the Majority Leader) and Grassley (Chairman of the Judiciary Committee) seeking to have a court declare that those two senators have “waived the Senate’s right to advise and consent with regard to the nomination of Merrick Garland” to the Supreme Court.
It’s clear that the suit is a publicity stunt, perhaps a lame attempt to restart fundraising for his not-for-profits. It’s also clear that the suit is massively flawed.
First, there is nothing in the Senate’s Rules that would allow only two members to waive that body’s responsibility to advise and consent to judicial nominations, so the imaginary waiver can’t have occurred. Second, the two houses of Congress each determine their own rules (U. S. Const. Art. I, sec. 5, cl. 2), and the Constitution does not give the courts the authority to review those rules.
Third, even if the court had jurisdiction in the matter, Kimberlin lacks the standing to sue. His complaint is based on the possibility that the Supreme Court might grant a writ of certiorari on one of his appeals and that the Fourth Circuit’s ruling he might be appealing might be sustained because of a split 4-4 decision.
A claim is not ripe for adjudication if it rests upon “‘contingent future events that may not occur as anticipated, or indeed may not occur at all.'” Thomas v. Union Carbide Agricultural Products Co., 473 U. S. 568, 580-581 (1985) (quoting 13A C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 3532, p. 112 (1984)).
Texas v. U. S., 523 U.S. 296, 300 (1998).
IANAL, but it seems that TDPK’s case will fail in court as a matter of law. I expect that it will also fail as an attempt to use virtue-signaling and pseudo-martyrdom as a fundraising tool.
I once wrote in a piece about The Dreadful Pro-Se Schmalfeldt’s LOLsuit VI: The Undiscovered Krendler that I found it better to be reporting on that LOLsuit from the outside rather than as a party. This one will also be interesting to follow as well.