Obama could go nuclear and nominate the ayatollah kibmenhi to the us Supreme Court. Or “reverend “ wright. Or bill ayres. Or shsrpton. Or pelosi. It all doesn’t matter anymore. The vacancy will be filled by the next president anyway. Lame duck president’s do not traditionally get to fill court seats during the election season, the Senate just waits for the people’s vote and whatever nomination is forthcoming from the new president. I seriously doubt Obama can “change” this , . Though he surely may “hope” to. He’d need sixty votes in Senste and that’s even assuming any lane-duck nominee could even get a vote — and escape any filibusters such as senator Cruz has already promised).
Recess appointment?