One reason these Supreme Court fights are so vicious, we wrote in a recent editorial, is that the courts have too much power to make law and usurp the actions of Congress and other democratically-elected government bodies.
Congress is supposed to be the preeminent branch of government, but it’s too weak, largely because it has given away its duties to other branches.
The latest action by Democratic Sen. Jeff Merkley, who wants to run for president in 2020, is perhaps the craziest instance of Congress trying to hand power from the legislative to the judiciary.
Politico reports: “Sen. Jeff Merkley, D-Ore., on Wednesday will announce that he’s seeking an injunction in federal court designed to stop a final vote on Brett Kavanaugh, asserting an obstruction of his constitutional duty to advise and consent on nominees.”
That is, Merkley believes that the Supreme Court should be able to set the voting schedule of the U.S. Senate. Think about this precedent if the court could block floor votes. Why not set the Senate rules?
In effect, the legislative branch would be a subsidiary of the judicial branch. Maybe Merkley wants that.
