You're right, Trump CAN appoint someone for SCOTUS up until his last day. Doesn't mean they are going to be confirmed by the Senate that fast though. If they aren't confirmed before the election, and Biden makes it in, he can simply withdraw her nomination and she won't be SCOTUS.
Please help me understand this situation. Here is what I know:
1. All current senators will serve until January 02, 2021.
2. One third of current senators are up for election on November 03. Depending on the outcome of these elections, the Democrat/Republican senator totals may change, effective January 03, 2021.
3. President Trump has vowed to nominate a woman for a Supreme Court this coming week.
4. If the Senate confirms the nominated woman by January 02, 2021, she will be a Supreme Court Justice. There is NOTHING Mr. Biden can do (legally) to remove this Supreme Court Justice.
5. If for some reason the Senate (as presently constituted or as is will be on January 03, 2021) rejects the confirmation of the nominated woman by January 20, 2021, AND Mr. Biden finds himself president on that day (God help us all), then Mr. Biden can make his own nomination. However, I don't believe he can withdraw President Trump's nomination. President Trump's nomination, once made can only be withdrawn by President Trump himself. Until the Senate (again, as presently constituted or as is will be on January 03, 2021) confirms or rejects President Trump's nominee, there would be nothing Mr. Biden can do except watch.
Do I have this right?