That's not how the Senate works. They are not required to hold a vote in order to declare "nay" on a nominee. Declining to vote is effectively a "nay". It's

That's not how the Senate works. They are not required to hold a vote in order to declare "nay" on a nominee. Declining to vote is effectively a "nay". It's no different than declining to hold a vote on a bill which they know will not pass. This is how Congress and the co-equal branches of government are designed to work. Congress and the President often don't get along. It's a feature, not a bug.