President Barack Obama may be giving up on U.S. Senate confirmation of Chief Judge Merrick Garland, his nominee to the U.S. Supreme Court, but a New Mexico lawyer is making one last appeal—this time to the high court itself.

Steven Michel of Santa Fe on Thursday filed an emergency application for an injunction that would require Senate Majority Leader Mitch McConnell to schedule a vote on the Garland nomination before Obama’s term ends on Jan. 20.