Should the Senate fail to pass a vote - up or down - on Merrick Garland, we petition that the Executive branch sue the Senate on behalf of the People of the United States:
1. for flouting its Constitutional duty to advise on the President’s appointments,
2. for ignoring the Will of the People,
3. and for inhibiting the work of the Judicial branch of government.
As clearly stated in the Constitution, the President is appointed to a four year term, and has the right to appoint, among other positions, Judges of the Supreme Court.
It is the Senate's duty to advise and consent (or reject) said appointments. Failure to do so is a violation of the Constitution, and a rejection of the will of the People - who collectively consented to the President's full four year term upon his nomination.