If the Senate refuses to consider President Obama’s nomination of Judge Merrick Garland to the Supreme Court, Obama has the Constitutional authority to declare that the Senate has failed to exercise its right and declare the appointment done, says Gregory L. Diskant, senior partner at the law firm of Patterson Belknap Webb & Tyler and a member of the national governing board of Common Cause, writing at the Washington Post.
The Senate would most likely sue.
It would break the logjam in our system to have this dispute decided by the Supreme Court (presumably with Garland recusing himself). We could restore a sensible system of government if it were accepted that the Senate has an obligation to act on nominations in a reasonable period of time. The threat that the president could proceed with an appointment if the Senate failed to do so would force the Senate to do its job — providing its advice and consent on a timely basis so that our government can function.
I love this idea just in anticipation of hearing the Republicans scream.