The often ailing Justice Ginsberg should be the next to go. I’ve read that she wants to step down but Stevens beat her to the punch. She may have to step down when the Senate will be considerably to the right than it is now. The Conservatives should shoot down every Kagan commie rat that Obama chooses. He will be forced to pick a justice to the right of Ginsberg.
He would never do that. He is too much of an idealogue. He would do a recess appointment first, but before it got to that there would be all out war between the Washington establishment and media against the Republicans. Enough of them would probably cave that Obama would get someone at least equal to Ginsburg in her socialist, anti-constitutional tendencies.
You are making a huge assumption that any possible gains in the Senate by Republicans will mean a backbone will come with it. "Republican" and "backbone" hardly belong in the same sentence without the word "no" in between...
Remember - when Bush was in the WH, and Repubs still had the majority, they capitulated to the Dems on judicial nominees - with McLame leading the isle-crossing treason.
So even if the Repubs somehow gained a majority in the Senate, it would still be razor thin and they would be willing to capitulate to get anything done. Holding up an Obama-socialist nominee to anything isn't likely to happen.