Yeah, that’s not going to happen.
What Obama should have done…and I can’t think of why he didn’t…is appoint Garland to the Supreme Court as a recess appointment. That would have circumvented congress and directly placed Garland on the SC (temporarily – for one year) which would have been a practical and legal thing to do.
But he didn’t do that.
And he’s not going to pardon illegal immigrants.
Picking Garland in the first place was a huge mistake, IMO, and indicative of the Democratic Party’s false sense of its own cleverness and its bad faith. Obama and the Dems knew the GOP would block anyone he chose, so why not go big, go to the left of liberal, and really make a statement showing the stark contrasts between the parties — even though they don’t actually exist?
Fire up the base. Inspire new people to get out and vote.
But they thought it would be really clever to choose a moderate-to-conservative jurist, and force the GOP’s hand. The GOP just slapped that hand away and laughed.
Which brings us back to your original suggestion. Yes, he should have done a recess appointment, but how much better would that have been if the judge had been at least a true progressive?