New York Attorney General Eric Schneiderman announced Wednesday that he is filing a lawsuit against the Supreme Court to block the confirmation of Brett Kavanaugh to the nation’s highest court.
In a letter, the attorney general says the nomination violates the constitutional separation of powers by denying him the opportunity to hear and evaluate the evidence before the Supreme Committee of the Senate.
The letter, which was obtained by Bloomberg, is part of a broad effort by the attorney’s office to hold the Trump administration accountable for the nomination of the judge with a record of judicial activism that the president said was inconsistent with his oath of office.
Schneiderman’s office says that the nomination is “in the public interest” and has “no rational basis.”
It also claims that the Senate has no right to consider the nominee for the court because he is a man who has engaged in misconduct on the bench.
“This is a blatant abuse of the judicial process by the president and his administration, and it is the first time the office of attorney general has taken this step,” Schneiderman wrote.
“These actions are particularly disturbing given that the Supreme Judicial Court is the highest court in the land, and a panel composed of all of the state’s most prominent lawyers is considering a judicial nomination.”
Schneiderman says he is seeking an injunction against the nomination, which would block the nomination for up to 60 days.
The president has repeatedly criticized Schneiderman, who is a Democrat, for his handling of the Kavanaugh confirmation process.
In January, he wrote that Schneiderman had acted “without any regard for the Constitution or the rule of law.”
On Tuesday, Trump said in a tweet that Schneidermen “took his advice” and “did a terrible job.”
The president said that he had decided to let Schneiderman make his decision on whether to block Kavanaugh.
“He’s a very good lawyer,” Trump said.
“I’m letting him do his job.”
Trump has said that the case against him is based on “total BS” and that the attorney had a conflict of interest by representing the president in a defamation lawsuit.
“The President’s personal lawyer is representing the President in this case and will have to answer for this outrageous conflict of interests,” said an email to the Associated Press from an aide for Schneiderman.
“We’re taking action now.”
Schneidermen spokeswoman Kelly Smith said Wednesday that the senator would not be commenting.
The Trump administration is in the process of preparing its rebuttal to the attorney in the lawsuit, Smith said in an email.