Appoint Merrick Garland to SCOTUS by asserting that the Senate's inaction waived their right to advise and consent.

According to the legal opinion of Gregory L. Diskant found in the Washington Post on April 8th 2016, the appointments clause of the Constitution could be interpreted in a way that would allow President Obama to bypass the Senate and appoint Merrick Garland directly to the Supreme Court. "Note that the president has two powers: the power to “nominate” and the separate power to “appoint.” In between the nomination and the appointment, the president must seek the “Advice and Consent of the Senate."...It is altogether proper to view a decision by the Senate not to act as a waiver of its right to provide advice and consent...It is in full accord with traditional notions of waiver to say that the Senate...having been given reasonable opportunity... can fairly be deemed to have waived its right."