It is now time for Senate Democrats to take their shot at saving this country from fascists assuming the reins of power in January. It can be done, but it will require them to be courageous and aggressive.
David Waldman (KagroX on Twitter) has outlined how they can confirm Judge Merrick Garland on January 3rd for the few minutes that they will be the majority in the Senate. Waldman is a long-standing expert on Senate procedure and political plays. He was one of the first to call for passage of the ACA via reconciliation in the Senate after Scott Brown was elected.
Here it is, in a nutshell.
On January 3, 2017, Democrats will hold the majority in the Senate for a few minutes, until the newly-elected Senators are sworn in. Biden could convene the Senate in those few minutes and call for a vote. The majority could then suspend the rules and vote in Merrick Garland.
The key here is that VP Biden would have to be willing to convene the Senate and recognize Senator Dick Durbin instead of Mitch McConnell. Durbin moves to re-nominate Garland, and Senate Democrats then vote to confirm him. They will have a quorum for those few minutes.
It's bold. Garland would be confirmed by 34 Democrats and no Republicans. It will certainly enrage Republicans, but they're already enraged and full of hubris about how they're going to screw Democrats anyway, so what do they really have to lose?
Not much. It takes courage. It takes a resolve to do what's right for this country, to reclaim the Supreme Court nomination Republicans think they stole from us. It takes backbone.
Here's where the rubber meets the road. We're not talking about "comity" anymore. We're talking about conviction and confirmation.
Here are Waldman's tweets. Let's start making some noise about this. Call everyone. Get Bernie Sanders on board, fired up. Let's DO THIS.
Senators, don't throw away your shot.