Under the constitution the POTUS has the right and the duty to appoint justices to the SCOTUS. Nowhere in the constitution it says that this right ceases to exist in the last year of the presidency or when potential future candidates have started their race to become candidates in the next election. And it's not last week of December, Obama's term goes for almost another year, that's 25% of the term he has been elected for. Does it say in the constitution that certain rights or duties go only for 75% of the term? Do we want Obama to pull a Hendricks? Should Senators whose seat will be up for grabs come November not vote on Obama's nominee then?