Can POTUS Sue Congress when they clearly neglect their duties?

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7. this is a political problem, not a legal or constitutional one.

even if congress were sued and even if the 4-4 court could somehow compel a vote, they could just vote down every obama nominee. not much of a victory even if we could get it.

but the reality is that the constitution is clear that it's up to the senate to consent or not, and it's up to the senate to define its own rules and procedures. so from a legal/constitutional standpoint, there's no real challenge.

what there is, is a political problem, and there are valid arguments about tradition and that failing to even consider any nominee for obvious partisan reasons is dangerously dysfunctional and sets a horrible precedent and undermines the credibility of the supreme court.

but there really isn't a valid constitutional complaint. if the senate wants to do something blatantly obnoxious and partisan, that's their choice and we can only hope they pay for it in november.