Especially since there are now only seven Justices and four make a majority - Souter, Stevens, Breyer, Ginsberg. The 'Rats will go into full delay mode -- including possible permanent filibusters.
O'Connor is staying until her replacement is seated. The Chief Justice was her good friend so you can bet she will be siding with our side.
That is not going to happen. Before it could, this would happen: