I suppose that's one way of looking at it. I simply see it as not leaving a vacancy during hearings. Maybe I'm too simple-minded.
It's further incentive to delay delay delay, obstruct obstruct obstruct. Not the primary variable in the calculus, but just imagine (that is just ponder) the differences in unfolding events if O'Connor had stepped down last July.
Obviously, others disagree that it plays in the calculus at all. I'd just prefer that it not become "the way it's done" from now on, but O'Connor set the precedent.