That's right. He's a usurper. As such, the Senate has no Constitutional authority to confirm SCOTUS picks from someone who is not the President.
KAGAN and Soto-Mayor were nominated by a usurper. They, too, are usurpers (of SCOTUS).
Yes, this is...and has been since he was "sworn in" twice...a Constitutional crisis.
Correction, this has been a Constitutional crisis since Congress "certified" the Electoral College votes...even though they (Cheney) violated their own rules by not asking for objections prior to certification.