On June 26, 2014 Supreme Court limits president’s recess appointment power,
This is why I do not think O will go forward on a recess appointment.
White House Rules Out Recess Appointment to Replace Justice Scalia
In this article they talk about,
“Obama was thwarted in 2012 when he tried to appoint members to the National Labor Relations Board while the Senate was on a break, but holding pro forma sessions every three days. The Supreme Court eventually ruled that the Senate was not on an official recess then, as it is through the rest of this week.”