Interseting posting.
This is how the Supreme Court breaks down now:
Three Constitutionalists, Justices Antonin Scalia, Charance Thomas, and William Rehnquest. Rehnquest seems to have a slightly more libertarian bent than his two colleagues.
Three judicial activists, liberal Justices John Paul Stevens, Ruth Bader Ginsburg, and Stephen Breyer.
The three others are a little harder to pigeonhole. David Souter isn't quite as bad as Stevens, Ginsburg, and Breyer, but he comes close--close enough to be a major dissapointment. Anthony Kennedy votes Constitutionalist more often than not, but he's unreliable.
And that leaves O'Conner. On nearly every 5 to 4 vote, she voted with the majority. I honestly don't know what to think of her. She was mostly conservative in her early years, but drifted to the left. However, she didn't drift to the degree that Harry Blackman did, and one shouldn't overstate her liberalism.
Bush wants very much to do the right thing for the country and the Constitution, but he's faced with unpleasant political realities.
I don't think Bush is in a winning position on this one...
Instead, I suggest he send all the black robes into early retirement on 9-30-05, and lock the doors on the SCOTUS. Declare a national holiday, and then tell Congress they are next. All Hail King George!
First act as King is to secure our borders from illegal immigrants...ok, I got carried away. I am turning my TV to the Military Channel until I hear there is a new 'approved' justice. Yeah, right.
If only it were that easy. If it were that simple, Thomas and Scalia would always agree, yet there are instances where they wind up on different sides of a decision.