Obama could appoint a Supreme Court justice even if a Republican wins the 2016 election

The outcome of the up-for-grabs Supreme Court seat could come down to a 17-day window next January, NBC News reports. While Republicans have already vowed to block anyone President Obama nominates, if Democrats were to win back the Senate and lose the White House next November they would hold control of both branches of the government for two weeks before Obama officially leaves the Oval Office on January 20.

"If a Democratic Senate comes in on January 3, President Obama could send in his Supreme Court nomination. Then Democrats could apply the 'nuclear option' to Supreme Court nominations, and vote in Obama's nominee by a simple majority," a former Obama administration lawyer told NBC. What's more, Democrats only need four seats to make a majority; Republicans are defending many more seats with 24 of the 34 up for this election.

Of course, it is not the Obama administration's preferred tactic; the president has already called for a "timely" vote on his nominee. No president has pushed a high-profile nominee through during his last 17 days in office.

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