So your proposal is to DO NOTHING BUT WAIT? Those old geezers may surprise us all and live a lot longer than we think they will. Or, Hitlery may be the next POTUS and SHE (or some other socialist Demoncrap) may appoint the next SC Justices.
There sure are a lot of passive DEFEATISTS around here who prefer complaining ad infinitum to taking any sort of action.
The death penalty thing did not give me any heartburn. The right of privacy thing in Texas did.
The way we change the courts is by beating the heck out of the Rats. Bush will get at least three picks.