The Senate was designed to allow obstruction, especially if neither party has a filibuster-proof majority. Bush didn't eliminate the power of recess appoitments, he merely decided to not use them for the rest of this term (a few months) in order to get his judicial appointments approved. If he's reelected, he can again recess appoint, if necessary. If he's reelected with a filibuster-proof Senate, then it's a whole new ballgame. If his nominees are approved, they will be appointed, regardless of who wins the election. If they are filibustered and Kerry gets elected, then Kerry's will name the nominees....and they won't be conservatives.
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?