Kinda like the how the Senate knowingly attempted to bypass the rule established by the constitution in which they're supposed to either approve or reject such appointments, rather than knowingly & purposefully avoiding doing its job?
According to Article 2, Section 2 of the Constitution the Executive is to have "the Advice and Consent of the Senate" when appointing important positions in the government.
It is the Presidents problem and not the Senate.
Congress should have exercised their constitutional right by actually reviewing the candidates and deciding to approve them or not. Not by playing childish games like "we're here, but we're not really 'here'".
Government does not have rights. They have duties and powers.
Here the Executive (President) has the duty not the Senate. The Senate has the power to approve the candidates, but not the duty.