With Biden in the chair on Jan. 3, the Senate can confirm a renominated Merrick Garland. Here's how.

This could come back to bite Democrats in the ass, but it WOULD be fair play against a Republican Senate that refused to do its job and put up Merrick Garland for confirmation:

http://www.dailykos.com/stories/2016/12/6/1606610/-With-Biden-in-the-chair-on-Jan-3-the-Senate-can-confirm-a-renominated-Merrick-Garland-Here-s-how

And a petition to do just that:

https://www.dailykos.com/campaigns/petitions/sign-the-petition-to-joe-biden-and-senate-democrats-confirm-merrick-garland-to-supreme-court-on-january-3rd

Worth considering!