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.
You're talking politics. I'm talking constitutional law. Two different concepts.