Last week President Barack Obama nominated federal appellate judge Merrick Garland to fill the vacancy created by Justice Antonin Scalia’s untimely death in February. Under the appointments clause of the Constitution, Garland won’t take a seat on the Supreme Court unless the Senate approves his appointment. Which isn’t likely: Soon after Scalia’s death, Senate majority leader Mitch McConnell announced that Senate Republicans would block the appointment of an Obama nominee, regardless of who the person might be, until after the November elections.

Of course, Obama wants Garland confirmed, and now. But Obama has no constitutional authority to force the Senate to commence a confirmation process that normally includes hearings and a vote in committee, debate on the floor, and — if the nomination makes it that far — culminates in a vote consenting to or rejecting the appointment of the nominee. A president has the power to nominate anyone he wants to be a justice. Yet for a president actually to appoint his nominee, he must have “the advice and consent of the Senate.”