Let’s assume Merrick Garland doesn’t get confirmed in the lame-duck. Does his nomination stay active when the Congress ends? No — if Obama hasn’t withdrawn it, it gets sent back to the White House. Don’t forget that Obama is officially president until Jan. 20, after a new Congress will have convened. It’s unlikely, however, that Obama would overrule Clinton’s preference if she’s elected president. But might Obama resubmit Garland’s nomination if Donald Trump wins the White House? That’s an open question.

When exactly will Garland’s nomination die? We’re not sure yet. It happens when the Senate adjourns sine die to mark the session’s end. That could be the day the senators leave in December (maybe Dec. 9, when the continuing resolution runs out, or Dec. 16, leadership’s target date). Or it could be later. It just has to happen before noon on Jan. 3, when the new Congress convenes.

What are Obama’s options once the nomination is returned? He has several options. Once Congress comes back in, he can renominate Garland or nominate somebody else — there’s no rule forcing him to pick Garland again in January. Obama can also do nothing.