An intriguing idea as to how President Obama and his Supreme Court nominee can defeat Republican obstructionism (from Slate) There is actually quite an interesting, and well-argued, article supporting this in the Yale Law Journal. While the Constitution requires the "advice and consent" of the Senate on senior Judicial Appointments, it is notably vague as to whether that Consent has to be Implicit ("We didn't say you couldn't") or Express - ("Yes you can.") If President Obama told the Senate that unless they hold hearings and vote to deny Garland as Supreme Court Justice by a certain date then he would be taking his place on the court. I think Senate Republicans would find themselves in a very tough place trying to rationalize why they didn't - under those circumstances - hold hearings and an up or down vote. Sadly, I don't think President Obama is going to throw us into any more of a Constitutional crisis at this stage of his Presidency. He could. But unfortunately, he's simply too decent and sensible of a President to do so.