The Gun Nut Clayton Lee returns and has this to say on the Senate’s Constitutional Duty Averted:
And let’s not forget The Constitution: The President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . . Judges. . ..” That consent comes in the form of a yay or nay vote on the nominee. In my mind, if the Senate fails to vote on a nominee after a reasonable amount of time, the Senate’s tacit consent is implied in fact. That may just be the litigator in me – you raise your objection or you waive it.
Glad to see some of those with real legal training raising the same sort of point I have been making about what would be really going nuclear – “you don’t want to vote, fine, that’s consent.”