President Bush nor any other party member would nominate Janice Rogers Brown to SCOTUS. She is a loose cannon, in effect an actual conservative, that would rule against government programs and unconstitutional federal laws no matter who instituted them. Imagine the Patriot Act and NCLB, not to even mention half the other useless 'helpful' programs thrown out simply because the Justices realize the federal government doesn't have that explicit power.
As much as I would like to see her on the Court giving Justice Thomas some help against the federal supremacy judges (Republican and Democrat alike) I doubt we would ever see Janice Rogers Brown on the Court. What President would nominate her realizing half the waste he helped bring about could possibly disappear?
Maybe our next one.
Why then, did he put her on the federal bench?