Trump Can Appoint A Temporary Justice If Delays Arise : Its Been Done Ten Times Previously Presidents since George Washington have made recess appointments. Washington appointed South Carolina judge John Rutledge as Chief Justice of the United States during a congressional recess in 1795. Because of Rutledge's political views and occasional mental illness, however, the Senate rejected his nomination, and Rutledge attempted suicide and resigned. Almost every president has used recess appointments to appoint judges, over 300 such judicial recess appointments before 2000, including ten Supreme Court justices.[3] https://en.wikipedia.org/wiki/Recess_appointment