I guess labour has no choice but to go back to the old style of negotiating. Aka. Rocking up at the bosses house on mass and ‘asking nicely’ for a raise.
And finally if they did do that convoluted process to sideline a justice but delay the governor being able to appoint a successor I think the governor could very well rightfully interpret the situation as a vacancy on the court and appoint anyway.
That would require a democrat to actually do something other that stand around an insist on the importance of decorum. It won’t happen.