Marco Rubio returned to his Senate office yesterday. The erstwhile Presidential candidate took a lot of hits for absenteeism while on the trail, so he came back to work finally.

For one day.

Honestly, the only person who works less than a typical US Senator is the junior US Senator from Florida. The Senate is debarking on their annual Easter break, from the Friday before Palm Sunday, until they return the Monday after the Sunday after Easter. Then they are off May 2-6 for who knows what, May Day? Then May 30-June 3 for Memorial Day.

Senate Memorial Day is a big deal this year, because Senator Patrick Leahy, the ranking Dem on the Judiciary Committee, said Wednesday that the Senate should have PLENTY of time, vacations notwithstanding, to give Judge Merrick Garland a full hearing and an up-or-down vote by Memorial Day.

This is the first official deadline imposed by the Democrats on the Grand Old Party Of No regarding the SCOTUS nomination, and you should pay attention to it. While Republicans kick and fuss and hold their breath until the country turns blue, Dems and the President, I believe, have a plan.

The timing remains to be seen, but as early as May 31, or perhaps during the Fourth of July recess (7/1-7/5) but certainly no later than summer recess (7/18-9/5) – and EARLY in that break – President Obama will seat Merrick Garland on the Supreme Court as a recess appointment.

It is the logical move, although I believe that the GOP will try to find some way to pretend that the Senate is not in recess. But if they leave Obama an opening, I believe he will give them just enough rope to hang themselves, then drop the floor from underneath them.

The plot thus far is working brilliantly: 1) let them bloviate about how they will obstruct 2) nominate the most qualified jurist 3) let them bloviate some more and actually obstruct 4) give them a reasonable deadline to be reasonable 5) let them bloviate and obstruct even more 6) give them what they want.

Wait, what? Run that number 6 by me again? Yes, give them exactly what they want. “Wait until after the election,” they obstruct. “Let the American people decide,” they bloviate. “Fine!” Obama should respond, “but in the meantime, the work of the Court must continue, and the Constitution has explicitly given us a remedy for just these types of situations. I hereby appoint Merrick Garland as Associate Justice of the US Supreme Court, to serve until fully confirmed or denied in January, 2017, by the newly-elected Senate of the 115th Congress.  The people will have decided… AGAIN!”