Senate will hold the SCOTUS nominee key
Each candidate as a list of potential SCOTUS nominees already to tap should the need arise.
It is the Senate Judiciary Committee that votes on the nominee before it possibly goes to a full Senate vote of confirmation. The nominee may not even make it to a full vote despite which candidate is elected POTUS.
With the state’s cases coming to similar conclusions about registries being continued harmful beyond the initial punishment given, ex posto facto application is illegal and other related items RC’s face which have been challenged in court, either in state supreme courts, federal courts or circuit courts, it will make any case heard by SCOTUS that much more difficult to decide when the decisions are piling up for RC victories…I would imagine you probably could take on Justice Kennedy indirectly and challenge his high % assertion in the forum.