The Republican led Senate has not fulfilled its duty to provide advice and consent to the President's nominee to the Supreme Court. The Senate leadership is on record as saying they refuse to hold hearings or a vote until after a new President is in office. That is not a constitutionally prescribed Senate prerogative. Article II of the Constitution states that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ...Judges of the Supreme Court". The Senate has refused to provide its advice and consent, therefore the President can appoint Judge Garland to the Court. The President may, at his discretion, state that if the Senate fails to provide its advice and consent within 30 more days from now, he will move to formally seat Judge Garland.
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