By matthewjbr51008328, Nov 17 2016 02:50AM
This is a good read regarding the current Supreme Court appointment (or lack thereof) issue:
Is the failure of Congress to hold a hearing a Constitutional Violation? The Constitution specifically says t “[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court.”
In my view, the Senate's refusal to hold a hearing to even discuss the President's nomination is a failure to "advise" and "consent", and thus, it does constitute an unconstitutional failure to act.