Slate says that Trump selecting a new justice before the election means that we are living in a failed state. My response to you is this: If you think that the Supreme court is there to pick sides in political fights and manipulate the Constitution to whatever ends the party in power deems expedient, then we are already in a failed state.
The Supreme court was never intended to be an elected board of directors for the nation, yet that is what it has become. The states were never intended to be mere subdivisions of the Federal government. The Federal government was supposed to be a subservient arbiter of interstate disputes- a Republic. I would argue that the original idea of our Republic became ill during the Lincoln administration, went into a coma with the passage of the Sixteenth and Seventeenth Amendments, was placed on life support during the FDR administration, and died in 1968. Our nation has been a rotting corpse since then.