Bush should have said he that as in 2000 he likes judges like Antonin Scalia or Clarence Thomas, and then dare Kerry to say what exactly is wrong with Thomas or Scalia.
I agree. Kerry would have no doubt said something about their lack of respect for civil rights. This would be a perfect opportunity for Bush to excoriate Kerry and his ilk for expanding the definition of 'civil rights' to the point it has become code for left-wing politics; and cite as an example how they now equate support for civil rights with support for racial preferences in college admissions.