[Bluegrass Federalist]

I weould rather see the Dems take it to Court, challenging Senate rules, than the GOP take it to court challenging the filibuster. That would be a disaster. Let them be the ones resorting to the courts in an effort to overturn the will of the majority Constitutionally exercised. That would be a nice issue for the GOP, I think.

[Mind-numbed Robot]

Your idea has a fatal flaw, IMO, though I am not legally qualified to say so. That flaw, it seems to me, is that in order to have a nominee for the SC there first must be a vacancy. The ones talking about leaving are moderates and conservatives. That means that if a Constitutional challenge was made it would be heard by a partial court with liberals in the majority. We know how that will turn out. What I don't know is whether or not the court can convene without a full compliment.