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...
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