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I wish JP Stephens and RB Ginsburg the best of health, but this article got me thinking about this particular scenario...

What if the democrats take control of the senate (god forbid) and both Stephens and Ginsburg resign in the near future leaving the court with 4 Conservatives 1 Moderate and 2 Liberals. Conservatives hold Bush's feet to the fire and he nominates two true conservatives. The new democrat senate then blocks the nominations in committee, says nomination's are dead on arrival etc. Bush responds by telling Democrat's basically "Screw you, these are my nominees, I'm not withdrawing them, either bring them up for a vote or the positions can remain vacant, and if you vote them down I'll renominate them or someone even more conservative."

My question is would this be plausible?
Yes. Nixon tried the same thing with Clement Haynsworth, then G. Harold Carswell. Finally he gave in to Congress and nominated Harry Blackmun.

Would a seven member supreme court have all the power as the full nine member court?
Yes.

Is there any time limit on when supreme court vacancies HAVE to be filled or could they remain vacant until Bush leaves office in 2009?
They can remain vacant as long as Congress and the President fail to agree on filling those vacancies. There are no tinme limits.

My question is would this be plausible? Would a seven member supreme court have all the power as the full nine member court? Is there any time limit on when supreme court vacancies HAVE to be filled or could they remain vacant until Bush leaves office in 2009?

I guarantee you if Stevens retires, even if the Democrats take the Senate, they will NOT go into the 2008 elections obstructing a Bush appointment.

That would be political suicide.

Think about it.

Section. 2.
Clause 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Clause 3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
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NOTES:
There are no time requirements or limits. He can nominate a person then confirmation thereafter can take years, if necessary. Eight members or less can make decisions. There is no one above the Court to say otherwise.

The liberal project cannot easily tolerate the loss of John Paul Stevens' seat, or those of Ginsberg, Breyer or Souter. I expect that one of Reid's first moves as Majority Leader would be to make sure that the Judiciary Committee Democrats are absolutely committed to voting down any Bush appointee to one of the four liberal seats. They will see nothing but upside in keeping appointments alive as an electoral issue in 2008, and 30 years of downside in letting put on a movement conservative in his early 50s. The willingness of the Nelsons, Landrieu, Lieberman, and any of the (allegedly) socially moderate Class of 2006 Democrats who might get elected on Tuesday to confirm will become irrelevant, because none of them will be on Judiciary and no nominee reaches the floor without a majority on Judiciary.