I agree w/ you, but.
Do you think the RATS are going to factor that [her husband being ill] into thier fillibuster plans?
The Pubs could at some point, start mentioning it during the hearings or filibuster, however the case may be.
"Justice O'connor was kind enough to stay on a reasonable amount of time, but unfortuantely the Democratic partisanship and lengthy, unnecessary filibuster is now creating a burden to a good justice who wants to spend quality time with her ailing husband....." you get the drift. AND yes, I think certain RAT senators would not look kindly at that sort of shenanigan under those circumstances.
If it's a filibuster, the Gang of 7 Pubs are going to be running around with their hair on fire anyway, the base will see to that.