If the Senate doesn't act, Obama may be able to seat Judge Garland anyway

[KamaAina]

https://www.linkedin.com/pulse/senate-doesnt-act-obama-may-able-seat-judge-garland-anyway-ford

There may be a way for Obama (if he has the guts) to force the Senate’s hand to do its job to consider and vote on Merrick Garland’s appointment to the Supreme Court and if they do not, to seat Judge Garland on the Court without their action....

Thus, legally, consensus can be presumed to exist until voiced disagreement becomes evident.

A corollary is that if you disagree, the onus is on you to say so....

The Senate has a constitutional duty to “advise and consent” to Supreme Court nominations made by the President. If they do not perform that duty and register their objection to the nomination within a reasonable period of time (say, the average time it has taken in the past to consider and confirm or reject a nominee, about 90 days), then their silence on the issue can legally be considered their consent to the nomination.

Or, he could use this maneuver to seat someone he really wants but chickened out on because of the repuke obstructionists.