A Supreme Court nominee must be confirmed by the Senate in order to be appointed by the president. But for months now the Republican-controlled Senate has refused to consider the nomination of Judge Merrick Garland, President Obama’s choice to fill the seat opened by the death of Justice Antonin Scalia. There have been no hearings and no votes—only one-on-one meetings with some senators.

“I would hope that the Senate would do its job,” said Hillary Clinton during the debate last night, “and confirm [Garland]. That’s the way the Constitution fundamentally should operate. The president nominates and then the Senate advises and consents or not, but they go forward with the process.”