What about the passed over part of this didn't you understand?
“Governor Mitt Romney, who touts his conservative credentials to out-of-state Republicans, has passed over GOP lawyers for three-quarters of the 36 judicial vacancies he has faced, instead tapping registered Democrats or independents including two gay lawyers who have supported expanded same-sex rights, a Globe review of the nominations has found.” (Raphael Lewis, “Romney Jurist Picks Not Tilted To GOP,” The Boston Globe, 7/25/05)
In other words, he DID have a choice and chose to put Democrats on the courts.
Says who?