Obama has no legacy. He needs one and another Supreme Court Justice - which will tip the balance on the Court until and unless a Republican President starts picking Justices - very likely 1 or 2 in the next term.
We know he has no respect for the Constitution. We know everything is political. We know he will use Executive Action, even when he knows it will be overturned. Therefore:
I think he will make a Supreme Court recess appointment before February 22nd. Even if it is only good for a year.
There are some big cases coming up specifically about Presidential power. He will dare the Senate to do anything about it. With McConnell, that is a pretty good gamble.
It is risky, but it is unlikely that McConnell will allow a real vote on a nominee in the ordinary course of business. Being a political hammer for Obama (nominating someone for political gain) doesn’t matter anymore. He will say the GOP already said that they would not confirm his pick, so he had no choice but to appoint the 9th Justice since it is soooo important to have 9.
What do you mean he has no legacy? Take a look around at the carnage that is your country. That’s his legacy and he’s damn proud of it.