What you're really contemplating is unilateral disarmament, by Republicans in the face of Democrats...they are not interested in compromise and comity. They want to accomplish in the courts what the cannot accomplish at the polls.
This isn't about 'winning' the election, this is about 'winning' a battle in defense of the Constitution. Imagine the Justices Kerry would appoint and you will understand the need to form hedgehogs and fight this battle to the last man, if that is what it takes.
Excellent response. Thank you.