[MikefromOhio]

no....

and I would bet that he wouldn't if he were a justice, however he was a lawyer at the time, not a justice.

[jwalsh07]

So, if he did the pro bono work because he believed that Romer was a critical case that must be decided in favor of speacial rights for a class of folks, that should give one pause for thought, no?

I'm not an alarmist but I wasn't born yesterday either. Souter, Stephens and Kennedy were given to us by good Republican Presidents which means appointing Justices to the SCOTUS is a very tricky business.

Being concerned because Dubya appointed somebody with no appellate record to speak of is not abnormal, it logically follow the past 30 years of appointment history.