So either A)...Dems obstruct a Republican President as much as Republicans have. We basically leave tons of empty seats in the courts. Nobody wins.
B)....Dems allow Republicans to obstruct until they gain the majority and a President then play along and don't obstruct. Rep win
C)...either party with a majority in the senate and a President can appoint whoever they want. Both "win"
I'm not sure how anything other than this ends with the Dems in a better position.