So is conjecture based on defeatism.
I'm a trader, m'friend, and all a trader can do when the mkt is closed is to prepare his upcoming reaction(s) to developments that are perceived as likely to occur when the mkt does open.
Regarding SCOTUS just now, the mkt is indeed closed, and will remain so until Mr. Bush actually nominates someone or until a second justice retires, whichever event comes first.
By way of example, if you happen to believe that hurricane Emily is going to make a right turn, not make landfall in the Yucatan, and steam ahead into the Western Gulf, why then just now you'd be making preparations to get long some amount of CL or NG come Sunday night, right?
However, a more apt example would be to consider (metaphorically, of course) Mr. Bush as an option salesman. He sold several million of them at the last election, and good for him. Unfortunately, our metaphorical options here did not all have the same terms of contract; some number of the optionholders are going to get stiffed. And so also, in the real, non-metaphorical world, the voters.
It's merely a question of who is going to be stiffed, and how badly.
Who knows, Mr. Bush might do the sensible and Constitutional thing and nominate Judge Brown. Or anyone named Edith. In which case(s), a different group of voters will have been stiffed.