So I was pondering imponderables today, and came up with an interesting idea of how Obama could get a seat at SCOTUS.
Assuming that the Dems take control of the Senate, this scenario would work.
1. Post election, Obama rescinds his nomination for Merrick Garland due to inactivity by the Senate on his confirmation.
2. New Senate opens in early January, adopts rules that only require a 51 majority to confirm SCOTUS Justices. This is not the same as the ‘nuclear option’ because the Senate rules are adopted when it opens, and adopted by a 51 majority.
3. Obama nominates himself as a SCOTUS candidate, Senate schedules hearings immediately and confirms Obama before the new president is sworn in.
4. Obama resigns as president and Biden takes over until the new president is sworn in.
All perfectly legal, and will serve as a pointed lesson to the Republicans that there are consequences to inaction.