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

Suppose, though, that there is another plan. Suppose Biden instead chooses to recognize the sitting Democrats as the majority, that being the then-current truth of the matter? And suppose, therefore, he chose to recognize the Democratic floor leader first? Now, we all understand that Chuck Schumer of New York is slated to become the Minority Leader in 2017. But at that point, he’s merely one of the 34 senators-elect waiting to take the oath and begin his term. Dick Durbin of Illinois is, at that moment, the highest ranking Democratic floor leader. So suppose Biden were to recognize Durbin first, and grant him the floor for opening remarks?...
http://www.dailykos.com/stories/1606610