Are you implying this would have ever stopped any senate?

Why yes I am, although I didn’t intend it. Pre-Roe (maybe a little earlier) it would have stopped most senates for supreme court seats weren’t generally thought of as being important enough to warrant the bad publicity. The 1994 and 1996 senates might also have restrained themselves, the balancing was so tight that bad publicity might have caused a few seats to change, and control of the senate to switch party control. It is a question of perceived advantage versus perceived cost, in today’s atmosphere the cost of blatant partisanship is seen as minimal (or even negative) while a seat on the USSC is considered far more useful for advancing a political agenda than it formerly was.

I think this would be very poor tactics.

It would have the appearance of an attempted coup – an effort to bypass normal procedures for a Supreme Court appointment.

Also, you can be sure that any black mark on the nominee’s record, or any controversial decision or opinion or article, will be found and used in the campaign.

Imagine,

“In 2004 Judge X ruled….Now George Bush has used a technicality to bypass Senate confirmation and put X on the Supreme Court. And John McCain thinks that’s just fine…”

I’m a bit vague on the specifics of recess appointments et al, so I welcome feedback on the following proposition:

While unlikely given the current Senate Majority Leader’s tactics, it is possible that the Senate could be in a recess should the next vacancy occur. A politically savvy outgoing Chief Executive would have a fully-but-surreptitiously vetted Justice-hatchling waiting in the wings, prepared to fly to Washington on very short notice (if not already present) to be sworn in as a recess appointment. The nominee of his party could then put the emphasis on requiring the opposition’s candidate to explain why this person is undeserving of a seat with the Supremes. You may still lose the election, but you have a window of opportunity to get a few decisions rendered.

When was the last time a justice retired during an election year?

For a Presidential Election year, Earl Warren in 1968, IIRC. Since then Justices seem to be timing their leaving to avoid election year politics.

Sure it would be blatant politics, but why would something like that stop the current senate?

Are you implying this would have ever stopped any senate?

When was the last time a justice retired during an election year?

-Gene