Yeah, I almost added "Of course, that appointment assumes that the Dems in the Senate would actually permit it."
Recess appointment (without Senatorial action) is good for one year. Appoint the black woman from the California Supreme Court and dare the Demonrats to do something about it. Or appoint Clarence Thomas C.J. and her or a Hispanic pro-lifer as A.J., both on recess appointments. Let Leahy, Kennedy, Daschle (if he survives his election), Chuckie Schumer, Diane Feinswine, et al. rage in favor of dumping them and face the kind of backlash from black/Hispanic grassroots folks that will reprise the first Thomas controversy. Keep on nominating them until confirmed and blowtorch dissenting Demonrats.
Of course, this is academic if Rehnquist survives.
The Chief Justice is much more than a single vote on the court. His administrative powers are major and little known. We cannot allow the Chief's job to be filled by compromise.