It wouldn't hold up to whom? The Senate? I'd like to say that even Democrats could spin that in their favor, but maybe they are that weak. The Supreme Court? What exactly would they do about it? Remember the national guard enforcing integration? The court has no enforcement arm, so just have the national guard escort and physically seat the new judge. All through the process, keep pounding on the message that the Senate is free to step up and do their duty at any point they choose.

You don't think Republicans would play it that way? I think that will seem pretty damn tame next to what we are likely to see in January.