Despite McConnell's mistake, I am still of the view that the senate is not constitutionally obligated to vote on Obama's forthcoming nominee; failing to do so would not materially impede the SCOTUS from performing its function. Sure, there will be some 4-4 decisions, but nothing in the constitution prohibits this, or even requires an odd number of justices (there have been times when we had an even number by statute.) Moreover, when the senate filibustered Abe Fortas, among the justifications that were invoked was the fact that he was nominated in an election year, which I admit was in the June timeframe. And, during W's presidency, Chuck Schumer also invoked this justification to argue that the senate wouldn't vote on a W nominee within 18 months of the end of W's presidency.