Throughout the past 9 months, the Senate has refused to hold any hearings for President Obama's Supreme Court nominee: Merrick Garland. This has gone on for more than 250 days. The previous record for a Supreme Court nominee without a hearing is 125 days. There is a way to place Garland on the Supreme Court, however.
Article Two, Section Two of the Constitution states: “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate.”
On January 3, 2017, the 114th Congress officially ends, and the 115th Congress begins. On this day, the Congress is officially in recess by law. Mr Obama was elected in 2008 and 2012. The choice of the Supreme Court vacancy is his, and he should appoint Merrick Garland as the Constitution permits.
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