Professional Documents
Culture Documents
U.S.
DISTRICT
2016 API: 22
BRETT KIMBERLIN,
Plaintiff,
Pri 3:33
i GRa t:
r wt.
E LT
67.
BY_LsetDEPtaff
No.
v.
GJH 16CV1211
MITCH MCCONNELL
317 Russell Senate Office Bldg
Washington DC 20510
and
CHARLES GRASSLEY,
135 Hart Senate Office Bldg
Washington, DC 20510
Defendants
148. Plaintiff has a right to have his cases considered by the full nine justice
Supreme Court.
12. The Appointments Clause of the Constitution, Article II, Section 2, Clause 2,
provides that the President "shall nominate, and by and with the Advice and
Consent of the Senate, shall appoint... judges of the supreme Court...." Clearly, the
President has two powers: the power to "nominate" and the separate power to
"appoint."
13. The Senate has the power of advise and consent of the President's
nomination.
14. The average time between nomination and appointment of Supreme Court
Justices throughout the history of the United States is 25 days.
CLAIM I
DECLARATORY JUDGMENT
15. Plaintiff incorporates by reference the allegations set forth above.
16. An actual controversy exists in this case since Plaintiff is a federal court
litigant who thereby is affected by the lack of a full nine justice Supreme Court.
17. Defendants have waived their right to advice and consent by (a) stating
publicly and on the Senate floor that they refuse to advise and consent on the
nomination of Merrick Garland, (2) putting pressure on other Republicans not to
advise and consent, and (3) refusing to advise and consent.
18. Plaintiff is entitled to a declaratory judgment against Defendants stating that
they have waived their right to advise and consent.
b)
For such additional and further relief, in law and equity, as the Court may
deem just and proper.