While I am disappointed by this, I have to say that I think in law it is correct. And it could have been worse. The power, it seems to me, is expressly worded only to apply to vacancies that arise during the recess. Of course, it was worded as it is because nobody anticipated the Senate deliberately refusing to conduct its business, but the role of the Supreme Court is to uphold the law as it is, not as we might wish it was.
