At 12:00 noon on January 3, 2017 (according to the Constitution), the terms of 34 U.S. Senators will expire. At that point, the Senate will briefly consist of 66 sitting senators—until Vice President Joe Biden, in his capacity as Senate president, begins swearing in the senators-elect.
Before Biden begins the proceedings, he has a chance to preside over a Senate that consists of 34 Democrats, 2 independents who caucus with Democrats and 30 Republicans—as the remaining Senators are in limbo of being newly sworn in. At this point, Democrats could ask to finish Senate business as it pertains to President Obama’s nomination of Judge Merrick Garland.
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