No, he has stepped in it - BIG TIME ...
If the GOP wins in 2012, there may be two "liberal seats" on the Supreme Court opening up. Breyer ain't no spring chicken, and Ginsburg has cancer ...
If the Senate goes into pro forma recess at any time during the nomination process, the GOP prez could just recess appoint two members to SCOTUS.
They would only serve shortened terms, but if there were major isssues to be decided, they would almost certainly go the conservative way.
And, with Obama's "recess appointment" precedent - ain't thing one the DEMs can do about it ...