What happens if Obama appoints a Justice by a recess appointment and there's a legal challenge and the Supreme Court gives a 4-4 decision…
If Obama appoints a Justice by a recess appointment, would that increase turnout by resentful Republicans who assume he cheated?
If the Republicans delay appointing a new Justice until after a new President is inaugurated, would that increase turnout by resentful Democrats who assume they cheated?
What if Obama tries wearing out opposition with a series of nominations? He might first try an obvious ideologue who will be voted down, followed by a candidate with some hidden baggage to be voted down by a smaller margin, followed by the person he really wants. In short, what if he tries my tactic?