the Constitution says it IS THE PRESIDENT who is responsible for choosig Supreme Court Justices, NOT "America" as you State....though America already gave their pick as President for 8 years.We know how this will play out...
1. Obama will nominate a new justice soon. It'll be the one of the few things he gets done quickly.
2. The Republican Senate will not approve of the nominee (as they shouldn't)
3. Democrats will accuse Republicans of playing politics and holding up progress. (they would do the same thing) They'll make up slogans like "GOP war on America". They'll ride this all the way to the November election.
4. America will decide the next justice with the election. (as it should be)
The next president will have 3 Justices to replace.... 4 is way too many, for the court not to be considered Politically "Stacked", and that would be an INJUSTICE to all Americans.