Through a fluke in the US Constitution, on January 3rd at 12 noon, all the Senators who were up for election, or re-election, in November, their terms will expire. That will leave a few more democrats (thirty-something) than republicans sitting until Vice President Biden (as President of the Senate) swears in the new and returning Senators.
At that short window of time the Senate will consist of only 66 Senators. (34 Dems, 2 Independents who vote democratic and 30 republicans.)
Through a technical procedure, Biden can call for a vote on Merrick Garland for SCOTUS BEFORE the Senators are seated thereby giving the dems a tempory majority, which would appoint Garland to SCOTUS!!
This MUST be done! i can see, however, Obama stopping this because he is way too ethical and wouldn't want to do a runaround around the Senate. What Obama isn't thinking of is the fact that repubs would drive America right into the ground the first chance they get so, again, WE MUST DO THIS SCOTUS APPOINTMENT using the Jan 3rd gambit!!