By using this site, you agree to our Privacy Policy and our Terms of Use. Close

The easy way to resolve this is to just ignore Marbury v. Madison and the idea that only the Supreme Court has the final authority over judicial review. The judicial branch has always been the most conservative/status-quo supporting branch, and when progress had to be made during other crises (First Civil War, Great Depression) it was ignored or its decisions over-turned by popular sovereignty

So yeah, Trump can nominate and the Senate can approve Amy Coney Barrett, but as Jackson said, "John Marshall has made his decision, now let him enforce it."