Not if, as the poster I was responding to was willing to permit, we allow a recess appointment.
The Republicans may allow a recess appointment but it will be contrary to the Constitution, which may not affect the situation as the Republicans would not be uncomfortable with that and would likely prefer to see another Left Justice appointed however Constitutional it might not be in order to get Amnesty and the Permanent Total Democrat State RIGHT NOW. Ignoring the Constitution now would give them the opportunity to accomplish the USSRAmerica in one fell swoop regardless of the outcome of the Election in November. Most of the Republicans seem to crave that outcome, including Rubio and Bush.