Unlike a normal recess appointment, there is another legal opening to appoint someone to the court in January when the old Congress is on its way out and the new Congress on its way in (see article below for more information). Hillary Clinton is a reasonable choice for this appointment since Merrick Garland's post on the DC Circuit court is too important to lose with a recess appointment.

She is already a lawyer, has been vetted repeatedly, is knowledgeable about the issues before the court, and would be available for the job, She has popular support, considering she won the popular vote by almost 3 million. Hillary is the logical choice for this position and she could still represent the people in a meaningful way.

Merrick Garland was denied any hearing in unprecedented obstruction. The issues before the Supreme Court are too important to not take advantage of this opportunity, especially when President Obama should have been able to have his nominee considered. President Obama can nominate Hillary Clinton and Joe Biden (along with the temporary Democratic majority on January 3, 2017) can confirm her to the court according to the procedure in the article below.

(1) http://www.dailykos.com/story/2016/12/6/1606610/-With-Biden-in-the-chair-on-Jan-3-the-Senate-can-confirm-a-renominated-Merrick-Garland-Here-s-how

Photo Credit: Barbara Kinney