Memory stands corrected; I suspect it was the 60 vote cloture garbage that was mucking it. Either way, the GOP is clearly in charge, but there is a simple way of telling Xero to put up or shut up that will make him look like an ass if he tries a recess appointment.
I agree that we don’t want a recess appointment, but I expect some legal mumbo jumbo over what constitutes a recess before this is over.
It’s not in Obama’s interests to go for a recess so soon, because that will definitely give the republicans cover to ignore anyone else coming along. And the recess disappears at some point in time.
There is no reason, though, for the Senate to approve a candidate from Obama. They can advise him with a name that they will approve, and he can reject their advice.
I’d give him the name of a Scalia clone and let him stew over that.