There is a way for Democrats to issue a severe slap in the face to Republicans and a sharp rebuke to President-elect Donald Trump. The term for 33 members of the Senate expire on Jan 3rd. The senate will officially be without a full body of senators until Vice President Joe Biden swears in the incoming senators for their new term. The twist is there is no rule which says the senate can not do official business in the period between swearing in the new senators. This gives the Democrats an interesting angle to perform a completely legal, but also unethical, procedural maneuver to change the course of the nation.
The theory goes the Democrats could vote on a Supreme Court Justice to fill the vacant seat of Antonin Scalia. How is this possible? When the official term of the current sitting senators expires the senate will have 66 senators. 32 are Democrats, 32 are Republicans, and 2 are Independents. Considering that Independents typically vote with Democrats, this means the Democrats would have a majority for a very short period of time.
Would it be possible for Democrats to accomplish this? It would all depend if Vice President Joe Biden would play along, as he is under no requirement to begin the swearing in of new Senators by a certain hour of the day. Biden could certainly drag his feet if he decided that was the course of action he wanted to take.
It is highly unlikely for this scenario to come to fruition, but if Democrats were to pull it off it would certainly be historic.