I should have said a nomination during the final year of a presidency. In any case it is not an appointment. Eisenhower did appoint at least a couple people to the Supreme Court during a Senate recess. I have just been reading about that. They had to be nominated and approved by the Senate later. I think this must be what the reference to 1960 is about. A recess appointment is not the same thing as a nomination in a final year of the presidency, in any case. I don’t understand why this is being bandied about. It’s not relevant.