“Two vacancies will cause him to cave without pretense.”
Wow! You’re exactly right. However, ‘they’ can get whatever past SCOTUS by using a case from the 9th and then have a 4-4 split, in which the ruling from the 9th with stand.
Maybe Ginsburg could die before then...
The ruling of the 9th would be affirmed but it would not be considered precedent. So other courts would not be required to follow it.