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Old 06-04-2019, 09:02 AM
iiandyiiii's Avatar
iiandyiiii is offline
Join Date: Aug 2010
Location: Arlington, VA
Posts: 34,589
The Constitution also just says the Senate needs to advise and consent, so a bunch of Senators (say, all the Democrats in the Senate) getting together and "advising and consenting" to a nominee in writing would be just as Constitutional as the Majority leader deciding to do nothing, as far as I can tell. There is nothing in the Constitution that prevents Democratic Senators from providing "advice and consent" to the President for a nominee that the Majority leader refuses to hold hearings on.

Just something the Democrats should consider next time anything like Garland happens. McConnell has proven that he can get away with things that aren't explicitly allowed in the Constitution as long as they also aren't specifically disallowed either.