Evidently so:
Obama will not push through a Supreme Court appointment this week, will wait to nominate until Senate is in session -White House official
One line of thinking is that the Noel Canning case, i.e. the one on which the SCOTUS unanimously whacked O for packing the National Labor Relations Board with recess appointments when the Senate was not in recess (other than in the sense that HE declared them to be in recess), stipulates (with judicial review arbitrariness per Justice Breyer) that "recess" must last a minimum of ten days before a POTUS can pull the appointment trigger. The Senate is currently in recess for precisely....ten days, scheduled to reconvene a week from today. I'm not sure why King Hussein would bother wasting time poking around for loopholes and penumbras instead of just ramming through a leftwingnut oligarchist anyway....unless there are political reasons for him to wait.
And there are.
1) The name Sri Srinivasan, supposed "moderate" judge on the D.C. Circuit Court of Appeals who was confirmed unanimously in 2013, has floated to the top of the tank. But that would be a "compromise" choice designed to minimize and divide GOP opposition, and we all know this POTUS doesn't compromise with Republicans on anything. Besides, this is O's chance to put his own "anti-Scalia" on Olympus; he's not going to dick around with "moderates," he's going to swing for the fences.
2) No recess appointment now means the White House sees more propaganda hay to be made by shooting the moon on as liberal left commie bastard a nominee as demidivinely possible and using the GOP's stalling it as a presidential campaign cudgel to fire up the Donk base and stampede the vast low-information voter herd in Bernie Sanders' direction.
3) As I said the other day, kill two birds with one stone by clearing the decks for Weekend Bernie by giving Mrs. Clinton a much better option - "Madame Justice Hillary" - than federal prison.
This isn't quite a "See, I Told You So," but it's moving in that direction.
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