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Look, the simple fact is Bush is going to appoint 4 USSC Justices, probably within the next 2 years. Rhenquist and O'Conner have been wanting to retire, Stevens is doddering and Ginsberg is battling cancer. Even if Rhenquist and O'Conner are replaced with good, constitutional scholars that will swing the court heavily in the direction of a court as designed by our forefathers and not a member of the legislative branch. In addition, when Rhenquist retires, Bush gets to appoint the Chief Justice. That will either be Thomas or Scalia, both fairly young men.

I look for Bush to appoint his Chief Whitehouse council (a hispanic) to the USSC either with the first or second opening. We don't need to have a fight over increasing the size of the USSC right now, we have bigger battles to win.

George W. Bush: On the Record
"The voters will know I'll put competent judges on the bench, people who will strictly interpret the Constitution and will not use the bench to write social policy. And that's going to be a big difference between my opponent and me. I believe that -- I believe that the judges ought not to take the place of the legislative branch of government, that they're appointed for life and that they ought to look at the Constitution as sacred. They shouldn't misuse their bench. I don't believe in liberal, activist judges. I believe in -- I believe in strict constructionists. And those are the kind of judges I will appoint." [1st Presidential Debate, October 3, 2000; transcript CNN]

Here's a list of possible Bush nominees, from Jurist:The Legal foundation

Justice Anthony Kennedy (for Chief Justice) Justice Sandra Day O'Connor (for Chief Justice) Justice Antonin Scalia (for Chief Justice) Justice Stephen Breyer (for Chief Justice) Judge J. Michael Luttig (4th Circuit) Judge Emilio M. Garza (5th Circuit) Miguel Estrada (Gibson, Dunn & Crutcher, LLP) White House Counsel Alberto Gonzalez12, Judge James Harvie Wilkinson III (4th Circuit) Judge Edith Jones (5th Circuit) Judge Frank Easterbrook (7th Circuit) Judge Samuel A. Alito, Jr. (3rd Circuit) Senator Orrin G. Hatch (R-Utah) Justice Janice Brown (Calif. Supreme Ct.) Judge Alex Kozinski (9th Circuit) Senator Jon Kyl (R-Ariz.) Solicitor General Theodore B. Olson Attorney General John Ashcroft Judge Diarmiud O'Scannlain (9th Circuit) Judge Paul Niemeyer (4th Circuit) Judge Richard Posner (7th Circuit) Judge A. Raymond Randolph (D.C. Circuit) Professor Lillian Riemer BeVier (Univ. of Va.) John G. Roberts, Jr. (Hogan & Hartson, LLP) Judge Karen Williams (4th Circuit) Former Senator John C. Danforth (R-Missouri) Judge Pasco Bowman (8th Cir.) Judge Amalya Lyle Kearse (2d Cir.)

Do you think Bush will want to go through an extra confirmation fight to nominate Scalia as CJ? There is little that would get the lefties and the Baldwins fired up like that would. A lot of people are predicting that, but asmuch as I would love to see it, I wonder if Bush will spend the political capital. Scalia would still only get one vote, but it would be played to the hilt that Bush is putting in "right-wing idealogues." My money is on White House Counsel Garza, Estrada or Ted Olsen for the first nominee, and as CJ if Rehnquist is the first to go.

Scalia isn't that young--he was born 3/11/1936. A younger man might be a better choice.

There has been only one Supreme Court justice from Texas ever...Ramsey Clark's father. It might be time for another one, e.g. Kenneth Starr (born 7/21/1946). Would be nice if future history books detailing the events of 1998 have to refer to Starr as "future Chief Justice Kenneth Starr." I realize there is virtually no chance Bush would select him.

I hope Bush has the opportunity to select four or five justices, but let's not forget that past Republican Presidents have often picked men who did not live up to their expectations (Earl Warren, Harry Blackmun, and David Souter for examples).