If that's the case then so be it. And wow, what a stupid question to ask. The point being, if Merrick Garland couldn't be sworn in because it was in the last year of a Presidency, then we should wait until after the election. Or does that only count for Democrats? Lindsey Graham used to have a soul. He sold it to the devil now. Remember when he called Trump a race baiting bigot? I do. Now his lips are firmly pressed to Trump's ass.