Let one of the liberals retire, Schumer can veto who he pleases.
If Bush is smart, he will send up another conservative, then another.
If the retirement is for a severe health reason, we would be in no hurry. Let the Supreme Court run for 3-6 months with one less liberal vote. Then see if the dems are ready to give in.
Unfortunately, it doesn't work that way.
4-4 decisions are considered to uphold the lower court's decision. It would be perfect for the libs. All they would have to do is get some nuts from the 9th Circuit to rule one way or another, then the SC would have a harder time overturning it.