Also, if I have it right, this term ends when Congress adjourns for the election. If Bush loses, he can make recess appointments in the interregnum.
However, this arrangement smacks of defeatism, or is it covering the bases just in case?
Also, the nominees would likely prefer a normal appointment as opposed to a recess appointment, which may not last long. The Left uses the courts to bypass the legislative process and any way to fill vacancies with non-Liberals is OK as a stop-gap measure.