There is some talk that a black appointment would help black turnout that (this is curious to me both for Democrats and a Clinton particularly, but more than one person said it) apparently needs a push. Maybe, though Loretta Lynch would be more trouble than it's worth, plus gives Republicans cover to oppose her. Black judge better option. A recess appointment is basically a no go, especially with the basically made up ten day limit set forth by SCOTUS. Update: The general assumption is that no one will be appointed until next year, which is sad on a civics level, but net helps liberals as compared to him being there since his fifth vote rarely helps them. A rejected/no action pick might help Dems though.