If the next nominee is to be a Hispanic, then please let it be Emilio Garza, and not Alberto Gonzalez. With the former, we could expect generally good jurisprudence. With the latter, we'd probably be looking at another O'Connor in the best case scenario, and another Souter in the worst.
As to this legislation; if it fails, then perhaps they can put it to a direct vote as they just did in Arizona.