Well he’s going to be the nominee. Unless something unforeseen happens and a credible 3rd party alternative arises (which is very unlikely), then it’s Romney or Obama.
With Romney, he might nominate good judges. With Obama, we know he will nominate terrible ones like Kagan and Sotomayor.
Unlike with Reagan’s awful mistakes nominating O’Connor and Kennedy, and then Bush’s with Souter, conservatives have their guard up. It was a near revolt of conservatives that gave us Alito instead of Harriet Miers. So Romney would have to intentionally pass up known conservative judges.
If Obama wins, its a safe bet that Ginsburg will go ahead and retire. Who knows, Breyer might do the same. Both Scalia and Kennedy are getting up there in age. Who knows how many vacancies the next 4 years will bring to SCOTUS.
I’m not a Romney fan. I’d rather we had a better nominee. But I’ll gladly take a chance with his judicial nominations over Obama’s sure-to-be horrible ones.
/johnny