There not yet a vacancy on the Supreme Court but the second-ranking Republican in the Senate is already planning a strategy of opposing a President Barack Obama's potential nominee. Jon Kyl told Fox News' Chris Wallace that Republicans were prepared a nominee that was "overly ideological."

When Republicans were in the majority Kyl had decried use of the filibuster. "It's never been the case of until the last two years that a minority could dictate to the majority what they could do," Kyl said in 2005.

Since Democrats were the first party in decades to use the filibuster to block a judicial nominee, Republicans are within their rights to continue to use it, according to Kyl. Democrats blocked George W. Bush's nominee, Miguel Estrada in 2001.

"It is wrong and it shouldn't be done but I think you would agree if only one side is permitted to do it -- the Democrats and not the Republicans -- you have a very unfair system," Kyl said Sunday.

Justice John Paul Stevens told two newspapers that he would soon make his decision on whether or not he will retire this year. At least one Democratic Senator thinks the justice should wait.

"I think the gridlock in the Senate might well produce a filibuster which would tie up the Senate on a Supreme Court nominee. I think if a year passes there's is a better chance we could come to a consensus," said Specter.

Both Kyl and Specter appeared on Fox News Sunday.