Unfortunately, it wouldn't keep the dems from filibustering Bush's nominees....and in the process President Bush would be "rewarding" bad behaviour...
and making Scalia and Thomas look foolish..after all, they are the next in line for a Republican president.
I disagree that it amounts to rewarding bad behavior. Rather, it is quite natural for the person who represents the majority most frequently to preside. We can't be so partisan as to consider disagreeing with us to be "bad behavior."
I don't think reaching for the center makes Scalia or Thomas look foolish, and Thomas, as youngest by far, newest among the Republicans, and least likely to author an opinion, is certainly not in line ahead of Kennedy. (But Scalia is, I admit.)