[Jim Noble]

Now, if a Supreme Court justice retires, than this analysis goes out the window, and it would be time to go nuclear.

For any nominee who would be worth it, the GOP does not have the votes.

There are 55 or 56 hard baby-killing votes in the Senate as it is now constituted, and nothing you or I or Frist or Bush says or does can change that. There is zero chance-ZERO-that any person who does not swear allegiance to Roe v. Wade, convincingly, could be confirmed by this Senate.

The baby killers will never allow a prolife Souter, they are too smart and their opposition research is too diligent.

Only the election on 11/2/04 can do so. Talk of "going nuclear" is just bluster, Frist most certainly does not have the votes.

[votelife]

you may be right, but many Dems voted for Scalia, and many voted for Rhenquist. Specter voted for both and he voted for Thomas. So with the right political pressure, I don't think we know. That being said, I hope there are no retirements until AFTER the election.