amy: this is key, ian millhiser, this issue of putting this off. you have justice scalia who was a strict constitutionalist. i mean, it is very clear that the president chooses the next supreme court justice, and of course, has to be approved by the senate. wouldn't be a dereliction of duty -- i mean, president obama is in for almost another year, for him to not just name someone? >> he was suddenly be a dereliction of duty for the president not to nominate someone. amy: right. then send it to the senate. >> but what this potential crisis highlights is just how political the court has become. i mean, you are going to have the spectacle of potentially having a seat open for at least a year, and probably for more than a year -- possibly for more than a year because if a year from now we have president clinton or president sanders, but we still have a republican senate, there's no reason to think that republican senate is going to want clinton or sanders to fill that seat. we have a case where the republican party has decided to play constitutional ha