“Bye bye Kagan, Sotomayor, and every other life term federal judge he appointed.”
It will be argued the Senate approved these appointments.
I would argue that they can only confirm appointments by the president. If 0bama is a fraud, then the USA has effectively had 8 years without a president or even legitimate acting president. Their confirmations would be invalid ab initio because there were no appointments made that were legally capable of being confirmed. It would be no different had I appointed some people via posts on FreeRepublic and the Senate voted to confirm. No effect.