“…There may be a way for Obama (if he has the guts) to force the Senate’s hand to do its job to consider and vote on Merrick Garland’s appointment to the Supreme Court and if they do not, to seat Judge Garland on the Court without their action.

“There is a maxim in the law, from the Latin, “Qui tacet consentire videtur, ubi loqui debuit ac potuit” (He who is silent, when he ought to have spoken and was able to, is taken to agree). 4 Wigmore on Evidence, 3rd ed., § 1071

“Thus, legally, consensus can be presumed to exist until voiced disagreement becomes evident.

“A corollary is that if you disagree, the onus is on you to say so.”

https://www.linkedin.com/pulse/senate-doesnt-act-obama-may-able-seat-judge-garland-anyway-ford