this post was submitted on 03 Dec 2024
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[–] someguy3@lemmy.world 5 points 2 weeks ago

and legally all that needs to happen is the Senate has an opportunity to vote to confirm. Obama had a year to say:

"I take no vote to mean no objections, Merrick Garland is on the SC"

From what I know (not much) this is a creative take on it. The Senate needs to confirm. If they don't confirm then the judge is not placed. I welcome expert legal scholars to weigh in but afaik what you said is wrong.

Obama could have temporarily placed the judge but that would have only lasted until the end of his term.