It has seemed to most that the end of Garland’s nomination was a foregone conclusion and that President-elect Donald Trump would fill the vacancy created by the February death of Justice Antonin Scalia. But Obama has not withdrawn Garland’s nomination.
Some liberals have urged Obama to push the envelope by trying to make Garland a recess appointment. But that would most likely not have resulted in a permanent appointment for Garland, and he would lose his seat on the U.S. Court of Appeals for the D.C. Circuit.
Republican Senate leaders had vowed after Scalia’s death that Obama would not be allowed to fill the seat and that it would be up to the next president to make the appointment.