At some point the ugly words "recess appointment" will come up and all the pundits will churn the legal implications of that. Give it a while but it is coming, especially if Trump wins and they try to punish him by not filling the position or excessively dragging it out.
Maybe during Christmas recess or something.
Full disclosure, I am not up on all the legal ins and outs of recess appointments. Neither are the pundits, but I can smell it in the air, and even if it does not happen it will get its 15 minutes of scary talk at some point
It is more likely to be talked about- as I said- if Trump wins but they won't confirm anyone. I suppose he could also make a recess appointment as a lame duck too, the full senate has to vote within a year or the end of the session or whatever so he could only mess things up for a while if the pubs do not fully control the senate. Otherwise, it would be undone.