What if this year’s elections result in a Republican president — Ted Cruz, say — and a Democratic Senate? After the new Senate convenes, Obama would still have a couple of weeks left in his term, so he could nominate some extreme living-Constitutionalist, who would surely be confirmed. And when another vacancy came up and Cruz sent the Senate a nominee, they could say, “Drop dead! You wouldn’t consider Obama’s nominee, so we won’t consider yours.”