That was how things worked before the 2000 election. Now they are decided by the courts. It would take just one stroke or cardiac arrest to strike one of the Nine and we have a whole different story. And the dems and RINO's in the senate will make sure that no one get to the bench who would vote republican next time. They'd keep it split 4-4 for as long as it took.
Nope, Bush can recess appoint Robert Bork for 6 months anytime a vacancy came up.