Getting past the Senate

USATODAY.com - Rehnquist is away from workplace, not from work: "Q: The Constitution requires new justices to be confirmed by the Senate. If Rehnquist were to resign before the Senate reconvened next year, what could the president do?
A: Bush could make a recess appointment and select a justice who could serve without Senate approval through 2005. Theoretically, Bush could do that to give a potentially controversial nominee -- such as one who, like Rehnquist, believes there is no constitutional right to abortion -- a jump on winning a permanent court seat."

..or a candidate selected to be more symbolic than substantive would "serve without Senate approval through 2005..."
That's long enough for even the most dedicated Thomas supporter to see that Senate approval is politically out of the question. And long enough that Bush will no longer have that element of his base on his back because he failed to try.