The Senate is in recess until February 22nd. Given the ReThugs history of obfuscation, delay, back-filling, outright lies and name calling, if I were Obama I’d simply appoint a Scalia replacement to serve until the next Congress is seated: January 2017.
Obama would hardly be the first president to use a recess appointment to seat a new Supreme: Eisenhower appointed Warren, Stewart & Brennan that way, with Stewart’s nod coming in the fall of ’56 while Eisenhower stood for re-election. The idée fixe a president can/should not appoint a Supreme in an election year is but the fever dream of an obviously inbred ‘tard. 1
In fact, I’d bury the ReThugs’ noses in it: pick a liberal analog of Scalia. Pick a flaming progressive and calmly tell the ReThugs that said firebrand will step down if/when a new (undoubtedly moderate) nominee is confirmed, or let the new Congress attempt to remove the pick in 2017.
Oh, the wailing and rending of flesh that action would ensue!
Pass the popcorn and don’t bogart that joint, my friends.