Dems can read this a weep... they wrote this when the shoe was on the other foot....
S.RES. 334. EXPRESSING THE SENSE OF THE SENATE THAT THE PRES. SHOULD NOT MAKE RECESS APPOINTMENTS TO THE SUPREME COURT, EXCEPT TO PREVENT OR END A BREAKDOWN IN THE ADMINISTRATION OF THE COURT’S BUSINESS. KEATING MOTION TO RECOMMIT TO JUDICARY COMM.
https://www.govtrack.us/congress/votes/86-1960/s415
Since Scalia is dead, they’ll now say it’s “a breakdown in the administration of the court’s business”. Then they win.