They could.... And then - there is this:
"Still, Goldstein points out, rejecting Lynch as the choice to fill the seat left by the death Saturday of the revered conservative Scalia poses a problem for Republicans on two fronts.
"Her history as a career prosecutor makes it very difficult to paint her as excessively liberal," he writes, adding: "I think the administration would relish the prospect of Republicans either refusing to give Lynch a vote or seeming to treat her unfairly in the confirmation process. Either eventuality would motivate both black and women voters."
Breaking News at Newsmax.com http://www.newsmax.com/Headline/scotus-analyst-tom-goldstein-loretta-lynch/2016/02/15/id/714428/#ixzz40N02R3bT