It will make no difference to the court’s make-up if Obama gets to replace that old bat. He’ll simply choose another lib-tard dirt-bag; and he’d be hard pressed to find someone who hates the U.S. Constitution more than does Ruth Bader Ginsberg.
Now, if he had a chance to replace Scalia or Thomas, THAT would be a disaster.
If the recess appointment problem didn’t exist, the solution would be to filibuster the Ginsburg replacement until Scalia or Kennedy left. Then demand reciprocity: the President gets to select a nominee, and the GOP leadership gets to select a nominee. Both get voted on at the same time.
Yes, we’d have to trust that the GOP leadership would choose a Conservative for their selection. But it’s a better option than leaving it to Obama. And it fits within the boundaries of the “advise” part of “advise and consent”
It will make a difference in that a replacement for Ginsburg would ensure that the seat doesn’t come up for change for a few more decades. I kind of expect a retiring lefty on the Court to be replaced by a very young Lefty activist. And yes, the Republicans will approve anyone the kenyan comes up with.