[ConservativeMind]

Well, it does appear a recess appointment of a Supreme can be done, sadly.

[RummyChick]

Except we are the magic 10 day number on recess appointments. Canning may or may not allow that. 9 days - probably not. 10 days maybe. I keep posting Scalia’s comment about this...it’s a made up number.

[vette6387]

“Well, it does appear a recess appointment of a Supreme can be done, sadly.”

Not if The Congress preemptively changes the number of the justices!
Read This:

http://www.livescience.com/9857-9-supreme-court-justices.html

The Congress has SOLE Authority to set the number of justices and they have made changes in the past.

[scrabblehack]

As far as I know, the only one that was ever made was John Rutledge. Appointed June 30, 1795; rejected by the Senate December 15, 1795.