http://www.foxnews.com/politics/2016/02/13/obama-has-rare-parliamentary-window-to-make-recess-appointment-to-succeed-scalia.html
But the appointment only lasts until the new Congress convenes. The Court is not in session again until this fall, won’t issue opinions until the spring. I don’t know if a 5-4 majority can force the court to hear cases and issue rulings between now and then, but if so, then they can be undone by the next court pretty easily. And justices who participate in such shenanigans should be threatened with impeachment in the next Congress. Will make a great issue for the Republican nominee to run on.