Wouldn't happen. The lower courts are set up BY the Senate, but the Supremes are APPROVED by the Senate.

There have been other times when there has been a vacant seat amongst the Supremes during Congressional recesses. I suspect that the Supremes themselves would find any such action unconstitutional.

Besides, I really really doubt that he could be confirmed. There are too many Republicans who don't like him (e.g.: both of Idaho's senators have called for the death of the Patriot Act and have stated that they don't like his high-handed assault on the Constitution, as have Idaho's representatives).

Here's the dope on Warren's background -- he was a Republican, Eisenhower thought he was getting a moderate Republican, and he got a very liberal guy....

Bar Admission        California, 1914
Experience               Prior judicial experience: None. Warren played politics as Governor of California.
Extra Judicial Position(s)        Chair, commision to investigate the assassination of President John F. Kennedy
Father's Office        None
Federal Political Position(s)        Republican vice-presidential nominee, 1948
Law Practice        California, 1914-17
Law School        California, Graduated 1914
Military Service        Army Lieutenant, 1917-18
State Political Position(s)        Deputy city attorney, Oakland, CA, 1919-20; deputy assistant DA, Alameda County, CA, 1920-23; chief deputy DA, Alameda County, CA, 1923-25; DA, Alameda County, CA, 1925-39; attorney general, CA, 1939-43; governor, CA, 1943-53
Undergraduate Education        California, B.A. 1912