The Senate has waived its constitutional right to advise and consent; Obama should exercise his independent constitutional right to appoint. The Supreme Court vacancy opened during Obama's administration, it is Obama's responsibility and right to nominate and appoint a replacement. The Senate has a concurrent right to advise and consent, but its complete failure to schedule an up-or-down vote means it has waived that right. Obama can and should act now. See https://www.washingtonpost.com/opinions/obama-can-appoint-merrick-garlan...
Response to Petition
A response to your petition on Chief Judge Merrick Garland
Thank you for using the We the People platform to sign a petition regarding the Senate’s obstruction of President Obama’s Supreme Court Nominee, Chief Judge Merrick Garland.
As President Obama noted when he announced his nomination, Chief Judge Garland has more federal judicial experience than any Supreme Court nominee in American history. His 19 years on the federal bench, meticulous commitment to the law, and unimpeachable credentials prove that there is no one more qualified to immediately serve on the Supreme Court.
Many Republicans agreed too, judging him to be well-qualified in temperament, experience, and background. He is the exact kind of consensus nominee that the Senate GOP claimed they wanted the President to nominate. That’s why he was confirmed to the D.C. Circuit in 1997 in a strong bipartisan vote. And that’s why it is so deeply discouraging that Senate Republicans decided to wage a historic campaign of obstruction of his confirmation process.
Article II Section II of the U.S. Constitution is clear about the Senate’s duty to consider the President’s nomination. The Senate Republicans willfully abdicated that basic responsibility as elected representatives of the American people.
President Obama was proud to nominate Chief Judge Garland to the Supreme Court, and knows he will continue to serve our country with distinction on the D.C. Circuit.