Only if you think Supreme Court judges are immortal. If Obama gets to replace a 'conservative' justice there will be a dam break of emanations from the penumbra.
Do you really believe they will deny obama any judge he sends up for the Supreme Court? Really?
Do you think obama is going to nominate another Alito? Really?
As per senator Hatch the president gets his picks where judges are concerned and McInsain feels the same way, this argument is fallacy.