Yes. If he nominates someone and the Senate confirms.
If he nominated Colin Powell, he would get confirmed and would get a solid liberal on the Court. Orrin Hatch, John Huntsman, John Kasich, Lamar Alexander . . . . All of them would be pretty easy confirmations and would give Obama 80% of what the hardest leftist judge would give him.
And recess appointment.
However, that would be temporary and the Republicans could run out the clock with it.
You got that right buddy and the GOPe is probably ready to run with it. The money’s in the bank.