Get this...
Republicans could fire all of Obama's liberal judges, create a new lower court system, and make Obama nominate a brand new set of federal judges.
If Obama wants to play "chicken" with the Constitution, then so can Congress.
Article III Section 1 says:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Congress can redo the entire inferior court structure, disbanding the current courts and building up a new court, without passing a bill that requires Obama's signature. Article III gives CONGRESS the power to establish courts, so a Presidential signature would abolish that Congressional power. Also, this is not a court-packing scheme because it does not involve the Supreme Court, only the lower courts.
A bold Congress should float the idea that they will disband all of the liberal-leaning lower judiciary and replace it with a new judiciary structured around today's demographic realities. That could mean: changing the circuits to map to different states, replacing state-based circuits with something else (how about, citizen courts, resident alien courts, "other courts"?).
What do you think?
-PJ