Recess appointments have been made before, and the Senate gets to vote on the "New Justice" when they reconvene, which is why you vote his ass down the week after the election, or call a Special Session during recess; that said, is the Court actually in session now? if not then a recess appointment is eyewash, and the next Senate gets a say (though a Democrat Senate (possibility) with Hillary as President would confirm said appointment.Just imagine if The Court was the body that ultimately decided who the next justice would be (a recess appointment surely would be challenged as unconstitutional)!