Pondered some time ago. I think the President wins. If you ponder to logical conclusion, you reach the question of "If there is no opeing, how can there even be a nomination and hearings?"
I also researched a dozen or so recent retirements, and hers was the ONLY one that was contingent on having a confirmed replacement. All that further lowered my already low opinion of O'Connor.
Why? What's so wrong about doing your job until you are replaced? I know she's bad news for the Constitution, but I don't find anything wrong with the WAY she's retiring.