One more point for you to consider. The Massachusetts Supreme court cemented in the publics eye what judicial activism meant and what strict construction is all about. The Massachusetts Supreme court did us a huge favor. The public was watching and they didn't like it one bit. This directly works against the dems trying to filibuster judges that are presented to the public properly, that is they interpret the law not make it up. What Bush was saying is he saw this and is going to use it to build off of. We would be wise to follow his lead.
I grant all that you say and still say that Harry Reid will filubuster conservative Supreme Court nominees, and that Arlen Specter will do what he can to torpedo them. The election means that they won't filibuster the Appeals Court nominees anymore, and that Arlen will be more circumspect in his opposition.