I mean, if they don't trust themselves to vote against her ("stop me before I commie again"), then yeah, I guess they have to put off the vote till after November (or January if a Republican wins). But in a sane world, they would hold hearing on the nominee, use Cruz to destroy them, show what a radical the nominee is, and then vote them down around September before Congress adjourns for the election. By then it will be too late for Obama to appoint a new nominee. That would be the Senate exercising its advice and consent power, not avoiding it.
The only reason they can't do it that way is that they can't trust themselves. But then, we are expected to trust them?
Excellent article.
Bottom line.
1. The president appoints.
2. The senate consents or the appointment is dead.
There is absolutely no requirement for the senate EVER to approve an appointment by the president.
Miss Manners doesn’t count, tradition matters not, whining/crying/blustering are all irrelevant.
If the Senate doesn’t consent, then the appointment is NOT made.
Time to raise speculation of impeachment proceedings.