Wait...a...minute.
If the Senate is in recess doesn’t that open the door for Obama to make a Supreme Court appointment?
Is McConnell really going to let the Senate recess?
Is the fix in?
See comment 11 above. Plus, the Supreme Court gives great deference to the Senate to define what “recess” is, since it is not defined in the Constitution itself. Any pro forma action by the Senate is not a “recess” day. Also, Noel Canning chided the Administration for deliberately seeking to avoid the confirmation process, which the Court says it cannot do.
Noel Canning v. NLRB was a 9-0 decision by the SCOTUS. Even Kagan and Sotomayor voted against the regime that appointed them, so it’s pretty solid law.