Yes, he could do so, and I would welcome such a dialogue. As of yet, he's said nothing of the sort.
I agree. I really can't figure him out on all of this. I am bitterly disappointed in him. My wife predicted that he would cave on this nomination because of the pounding he has taken on Iraq and Katrina, and I at the time feared that she was right -- but on the other hand, it just didn't sound like him.
Up until now, he has, on every core issue that got him elected, stubbornly stuck to his guns and surprised his opponents by not giving an inch, even when "conventional wisdom" (i.e. the liberal elite and the MSM) said that this time he simply "had to" compromise. I hoped that his stubborn streak would prevail and that he would nominate a Brown, a Luttig, or (to really tick them off) someone they had blocked for a lower court appointment, like Miguel Estrada.
Unlike his father, he has not until now alienated the conservative base -- something daddybush did practically within months of being elected. Again, I am surprised that he did it.
A part of me wants to believe that he and Rove have something up their sleeves, but mostly, I think the Bush genes finally came through and he caved.
Another speculation is that a large part of the Republican party doesn't want Roe v Wade overturned, worrying that it would hurt them at the polls were that to happen. By this theory, Bush was under pressure to find people who look conservative, but that would ultimately keep the status quo (i.e. more O'Connors and Kennedys). Wouldn't surprise me, especially with the rising influence of folks like McCain and Guiliani.