Frosty
Logical and sensible but turns women gay
will disagree Frosty. You are saying no matter who is the President the righties will prevail. Both sides can filibuster.
Elections have consequences. The leaning of the court will depend on which party retains the presidency.
Ironically the key is the Senate, not the Presidency. If the Republicans control the Senate, and the Tea Party candidates make gains (as they may do in Indiana at least), then the Court will shift rightward.
If the Senate remains Democratic, and Obama wins the Presidency, then I think Kennedy and Scalia will retire in 2016. After all, the last Democrat President elected following a two-term Democratic President was technically Martin van Buren.
The White House is the GOP's in 2016.