"In the meantime, Garland would end up losing his seat on the U.S. Court of Appeals for the D.C. Circuit."
http://www.newsmax.com/politics/obama-garland-supreme-court/2017/01/02/id/766415/
A recess appointment would end the minute that the Senate confirms his replacement. Roberts would remain the chief justice. Roberts would have to allow the court to hear AND rule on cases ... usually actions that happen months apart ... in the interim. The Senate could likely respond with abolishing the filibuster for SCOTUS nominees, if not entirely.
Final result:
An embittered chief justice
No new liberal rulings
End of the fillibuster
An enormous failure for Obama, which would end up encapsulating his entire presidency
If Obama does it, he’s a fool. If not for the permanent damage to collegiality and the institutions of government, I’d say, “make my day.”
He would also only serve until a “regular” Justice was appointed by Trump. So it might be a good thing if Obama does this. Getting him out of the DC Circuit Court, then appointing a new Trump choice before the SCOTUS meets for its next session would mean Garland never gets to do anything but he still loses his existing seat and Trump can fill that one too.
What I wan to know is when Ginsberg is going to follow through on her election promise to leave the country if Trump became President. That would let Trump fill TWO vacancies right away before the next SCOTUS session.