The Constitution gives the Senate the power to advise and consent. That body is empowered to say no as well as yes. And the most important qualification for office is philosophical. Put simply: Does the nominee believe the Constitution means anything apart from the jurists' personal preferences? If not, then the Senate should reject the nomination.
Since Republicans gained control of Congress little has been done. The Arbitration Act, which would broadly void forced arbitration contracts, has languished in Congress for six years. A bill to prohibit any school receiving federal student aid from restricting students' ability to pursue legal claims in court likely will not come to a vote.