The Senate is in recess. He could appoint someone this morning and that person would be on the court until the end of the session (Jan 2017.)
It is legal. It was last done by Ike.
And you bet Barry is gonna do it.
And there is nothing “we” can do about it.
Regarding a recess appointment, the Senate can do the following. Immediately start confirmation hearings on the recess appointment. Use the hearings to expose the recess appoinment’s leftist philosophy. After the hearings have been held, vote the nominee down for very specific reasons. Going through this process will demonstrate the GOP is following the rule of law.
If the recess appointee doesn’t then step down, make the imperial presidency and lawless judiciary the major campaign issue in the 2016 election. It might be effective in some close Senate races.
Mushball McConnell has all the authority necessary to call the Senate BACK into session and keep it that way until Obozo leaves office or until Armaggedon whichever comes first.