If that is the case, then the GOP should let Merrick in just in case Hillary gets to pick.
If Merrick were on the bench in place of Scalia when the Heller case was decided there's a very good chance it would have gone 5-4 the other way.
I think Hillary is the odds on favorite to be the next POTUS. So for SCOTUS should I support confirming moderate evil but not as evil as the nominee Hillary would certainly pick, or should I hold out hope in the unknown that someone else will win and not nominate his liberal sister. It's a hard pick.