Senate Republicans are pledging to block any Supreme Court nomination by President Obama until after November, hoping a Republican will replace him and fill the vacancy left by Justice Antonin Scalia.
But even if the Senate refuses to confirm Obama's pick and a Republican wins the White House, there is one way Obama can still get his nominee confirmed, NBC News reported.
It could all come down to 17 crucial days in January.
If Democrats win back the Senate and lose the White House in November, they would control both branches of government for about two weeks before Obama leaves office. That overlap in the transition of power is set in stone. The Constitution mandates the new Congress begins work on January 3, while President Obama stays in power until January 20.