While Bush can make recess appointments for executive branch positions, I don't know if it is legal for judicial appointments. The latter are for life, to avoid having to kow-tow to politicians (to remain unbiased and all that). If a sitting judge has to be re-confirmed it could affect his impartiality, knowing he has to kiss up to the congress critters again in 12 months.
I think the thing here is the ballot box in November where we replace those Demorats and RINO's on the judiciary commitee with those who will put those judges in. Right now, the reason for the mess is because of a certain POS from Vermont who switched parties and gave the Demorats an illegitimate majority in the Senate. Something I don't think the voters had in mind in the 2000 elections.
What the Demorats seem to want want is for their party to become the source of law in this country and for their platform to attain the full force of law. This is not what the founding fathers had in mind when they set up the framework for goverment in this country but apparently some people with a warped mindset seem to think differently.