[Hawthorn]

>> He can nominate,but he can’t appoint <<

Almost correct, but not quite. O’Bama theoretically could make a recess appointment, which would hold only until the new Senate is seated in January 2017.

But for that very reason, I think the ‘Pubs are not gonna let the Senate go into formal recess as long as the Big O is in the WH.

[kingu]

Almost correct, but not quite. O’Bama theoretically could make a recess appointment, which would hold only until the new Senate is seated in January 2017.

Everything I've read said that a recess appointment is not possible for SCOTUS. (not that this has stopped the Obama administration in the past...)

[Farmer Dean]

I thought I read that there are no recess appointments to the Supreme Court.Time for some quick research.

[TBP]

Assuming the Senate actually recesses, which McConnell must not let it do.

As Mary Katharine Ham said, “They’re called recess appointments, not lunchtime appointments.”

But yes, he could do that. Potter Stewart was a recess appointment who was later confirmed.