Here's Another Way To Get Merrick Garland On SCOTUS (Updated)
In my view, there is nothing more critical to the future of this country than confirming Merrick Garland as Supreme Court Justice before President Obama leaves office. Lest we forget, surrendering that nomination is really acquiescence to a theft. That nomination was President Obama's and will continue to be his until he leaves office.
So, there's the idea of having Democrats confirm him before swearing in new Senators, and that is certainly an option. But there is another, as explained by lawyer and Common Cause board member Gregory Diskant in a Washington Post op-ed.
As to the question of "advice and consent," Diskant explains that there is a narrower question within the broader one, which is this: If the Senate adjourns without voting on Garland's nomination, is that a waiver of their consent? Diskant says yes.