At least as far as I'm concerned, there will not be a lawsuit. My opinion on this matter differs from yours and the governor's - in my view the prerequisite for a vacancy is that someone previously held the office in question - but I'm fine with your general opinion. The most important to me was that we could hear what the representative of our judicial branch has to say before we proceed on this matter. And this is the case now.
If I have time, I may file suit. TJ really hasn't had much to do... why not put the position to use?