You have more faith in the Republicans than me when it comes to this.
In my opinion Obama could nominate Bill Ares and the Republicans would only put up a token fight.
(As is your spelling, btw).
The Constitution specifies that the President is to appoint Justices to the Supreme Court. It is his right to choose whomever he wants to choose, and if that person is qualified (Bill Ayers is a criminal, for goodness' sake - what a silly example), then that person is on the Court.
That's why the Republicans approved the repugnant Ginsburg, and that's why we need to make sure to elect a conservative President in 2012.