No, the Court can't just step in - but I suspect that McConnell and Schumer, all 50 Senators, perhaps, have got standing to bring this case before the Court - and as you've pointed out, the Republicans have got nothing to gain and everything to lose from taking the issue to the Court, but with the preponderance of opinion going in favor of the Democrats, I must wonder why they haven't done so? If they lose, all they lose is the show, because they're likely to lose the decision anyhow, but if they win, the Republicans will no longer be able to hide from the reality of the situation.
As things stand, we've got a curious situation in which separation of powers is being thrown under the bus, because the Senate is not only usurping the Court's authority in passing judgement on constitutionality, it's then using that unauthoritative...very possibly, if not probably, faulty judgement as a basis for passing judgement - avoiding passing judgement, actually - in one of the most important trials in US history.
And the perplexing question of why none of this has been addressed in the media remains. (Politico is soliciting questions for on-air discussion during their coverage of tomorrow's proceedings, and I've submitted this one, but unless they contact me, I'll never know how my submission ends up.)
Note: The Senate is going to vote on constitutionality again tomorrow, and I'm surprised that McConnell is allowing it in view of the fact that he can't possibly win, and if a couple of Senators flip their votes it could open the floodgates.
I can't wait to hear how that goes!
The new Great Equalizer is the SEND button.
In Memory of Harv: Those who can make you believe absurdities can make you commit atrocities. ~Voltaire
