Concerned that the “advice” part of the Senate’s advice and…
Concerned that the “advice” part of the Senate’s advice and consent power has atrophied, Congress passes a law requiring the President to notify the Senate of all vacancies requiring Senate confirmation and prohibiting the President from naming any person to one of those vacancies until the President, or the President’s representative, has consulted with the Senate majority leader and the Chair of the Senate committee with jurisdiction over the nominee’s department. When the President acts to fill a recent vacancy on the Supreme Court without the consultation required by the Act, Senators sue, seeking an injunction requiring presidential compliance. A reviewing court would probably do what?