act when the Senate fails to do its Constitutional duty.

We urge the President to nominate an extremely well-qualified person to fill the vacancy left by the death of Justice Antonin Scalia and then after an appropriate period of time, say 90 days, if the Senate has failed to hold hearings or a vote on the nominee, that the President then has the Constitutional power to declare that the Senate has expressed no opinion on the nomination and therefore the appointment is effectuated and the person can assume the vacant seat on the Supreme Court. If the Senate will not do its Constitutionally mandated job, then the President has the duty and the power to do his.