Appoint the Honorable Merrick Garland to the Supreme Court after notifying the Senate, even in the absence of a vote.

Several well-reasoned constitutional scholars have formulated arguments as to how to break the "stalemate" formed by the Senate refusing to hold a vote on the President's nominee. The first involves notifying the Senate that after a set period of time, the President will view the Senate's non-vote on the nominee as a "waiver" of the constitutional right to consent to the nomination. The second involves notifying the Senate that after a set period of time, the President will view a non-vote on the nominee as "implied consent" to the President's nominee. Under either option, if the time period elapses without a vote, the President finalizes the appointment. A lawsuit would likely follow, allowing the courts to rule on the constitutionality of the interpretation used by the President.