The primary torchbearer for this plan is Daily Kos editor David Waldman, who claims that Senate rules allow Democrats to confirm Garland after the current congressional term expires, but before new senators take office.

Here is a brief summary of his plan: After the 114th Congress expires, but before the 2016 class of senators is sworn into the 115th Congress, there will only be 66 senators. Thirty-four of those senators (32 Democrats and two Independents) would then constitute a majority. Vice President Joe Biden, who under the Constitution also serves as the president of the Senate and may therefore serve as the body’s presiding officer whenever he pleases, would refuse to recognize any motions made by Republicans and would grant the floor to Minority Whip Richard Durbin (D-Ill.). Obama would re-nominate Garland to the Supreme Court, the Senate would immediately take up Durbin’s motion to confirm Garland, and then Democrats would use the nuclear option to ram through Garland’s confirmation with only 34 of 100 duly elected senators voting in the affirmative.