Legally what's the issue with following the constitution on this?

to be valid and the Senate didn't consent.

Ruth Bader Ginsberg about the issue and she pointed out that even if the Supreme Court
found some reason to force them to vote, they could just vote no.

Confirmations are, of course, not automatic. Turtle played hardball and we let him get away with it.

away from the Republicans.

I know, that one should have put people in the streets. The right would have gone bananas if a Dem had been responsible for something like that.