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Case 8:16-cv-01211-GJH Document 1 Filed 04/22/16 Page 1 of 4

UNITED STATES DISTRICT COURT


DISTRICT OF MARYLAND

U.S.
DISTRICT
2016 API: 22

BRETT KIMBERLIN,
Plaintiff,

Pri 3:33

i GRa t:

r wt.
E LT
67.

BY_LsetDEPtaff

No.

v.

GJH 16CV1211

MITCH MCCONNELL
317 Russell Senate Office Bldg
Washington DC 20510
and
CHARLES GRASSLEY,
135 Hart Senate Office Bldg
Washington, DC 20510
Defendants

COMPLAINT FOR DECLARATORY RELIEF


Plaintiff Brett Kimberlin makes the following Complaint for Declaratory Relief.
PARTIES
1. Plaintiff Brett Kimberlin is a resident of Bethesda, Maryland, and the Director
of a Maryland based non-profit called justice Through Music, which works to
promote tolerance, pluralism and progressive values. Plaintiffs work includes
seeking redress in federal court for violations of his civil and statutory rights.
2. Defendant Mitch McConnell is the Majority Leader of the United States
Senate, located in Washington, DC.
3. Defendant Charles Grassley is the Majority Leader of the Senate Judiciary
Committee located in Washington DC.
JURISDICTION AND VENUE
4. This Court has jurisdiction over this lawsuit pursuant to 28 U.S.C. 1331
because this case arises under the Constitution of the United States. This lawsuit is
brought pursuant to the Declaratory Judgment Act, 28 U.S.0 2201.

Case 8:16-cv-01211-GJH Document 1 Filed 04/22/16 Page 2 of 4

5. Venue is proper in this District pursuant to 28 U.S.C. 1391(e)(1)(C) because


defendants are employees of the United States, and Plaintiff resides in this District
and no personal property is involved in this lawsuit.
FACTUAL STATEMENT
The Nomination of Merrick Garland to the Supreme Court
6. On March16, 2016, President Barack Obama nominated Merrick Garland to
serve as an Associate Justice of the United States Supreme Court to fill the vacancy
created by the death of Justice Antonin Scalia.
7. On March 16, 2016, Defendant McConnell took to the Senate floor to
announce that lawmakers from his Republican Party that would not vote on or
consider the nomination of Merrick Garland.
8. On April 5, 2016, Defendant McConnell stated publicly that there would be no
"hearings or votes" on the nomination of Merrick Garland.
9. On April 12, 2016, Defendant Grassley stated publicly that there would be no
hearings in the Judiciary Committee on the nomination of Merrick Garland.
10. Defendants have made clear that they will take no action on the nomination
of Merrick Garland.
11. Plaintiff is involved with three cases pending in federal court that have the
potential of being considered by the Supreme Court. Two of these are pending in
the United States District Court of Maryland, Kimberlin v. Frey, No GM 13-3059, and
Kimberlin v. Hunton & Williams, No GPI 15-00723, and one is pending in the United
States District Court for the District of Columbia, Public Citizen v. FEC, No. RJL 14-

Case 8:16-cv-01211-GJH Document 1 Filed 04/22/16 Page 3 of 4

148. Plaintiff has a right to have his cases considered by the full nine justice
Supreme Court.
12. The Appointments Clause of the Constitution, Article II, Section 2, Clause 2,
provides that the President "shall nominate, and by and with the Advice and
Consent of the Senate, shall appoint... judges of the supreme Court...." Clearly, the
President has two powers: the power to "nominate" and the separate power to
"appoint."
13. The Senate has the power of advise and consent of the President's
nomination.
14. The average time between nomination and appointment of Supreme Court
Justices throughout the history of the United States is 25 days.
CLAIM I
DECLARATORY JUDGMENT
15. Plaintiff incorporates by reference the allegations set forth above.
16. An actual controversy exists in this case since Plaintiff is a federal court
litigant who thereby is affected by the lack of a full nine justice Supreme Court.
17. Defendants have waived their right to advice and consent by (a) stating
publicly and on the Senate floor that they refuse to advise and consent on the
nomination of Merrick Garland, (2) putting pressure on other Republicans not to
advise and consent, and (3) refusing to advise and consent.
18. Plaintiff is entitled to a declaratory judgment against Defendants stating that
they have waived their right to advise and consent.

Case 8:16-cv-01211-GJH Document 1 Filed 04/22/16 Page 4 of 4

WHEREFORE, Plaintiff prays for relief as follows:


a)

For a judicial determination and order declaring that Defendants Mitch


McConnell and Charles Grassley have waived the Senate's right to advise
and consent with regard to the nomination of Merrick Garland.

b)

For such additional and further relief, in law and equity, as the Court may
deem just and proper.

Dated this 22st day of April, 2016


Respec
Brett Ki
8100 Beec
ee Road
Bethesda, MD 20817
justicejtmp@comcast.net
(301) 320 5921

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