With next pick, Bush must be conservative (Pat Buchanan)
http://www.msnbc.msn.com/id/5445086/Some of us hoped Bush would name Scalia as Chief Justice on the grounds of brilliance and his proven philosophy of judicial restraint. But presidents get to make those calls and Bush believes his nomination of Roberts has already proven wise and politically astute.
However, even if -- as almost all believe -- Roberts is confirmed as Chief Justice, the strict constructionist bloc on the court will have, at most, three members: Roberts, Scalia and Thomas. And the President now faces an even more important choice than Roberts: whom to name to fill the seat being vacated by Sandra Day O'Connor. For without two more nominees of the same judicial philosophy as Roberts, there will never be a Roberts Court. Even with Roberts' confirmation, we are still two seats away from victory -- the O'Connor seat, and one more.
Mr. Bush is being admonished by editorialists (see Financial Times) to name a "centrist" to replace O'Connor in the wake of the trauma of Katrina. '"Bring us together!" the liberals are pleading. "Can't we all just get along?" These same individuals are even now preparing to use Katrina to break the Bush presidency.
But naming a centrist means betraying the President's commitment to remake the court into a constitionalist institution, selling out his most devoted followers, and dishing the Christian conservatives, so the court can remain the last bastion able to impose a repudiated liberalism, without the consent of the people.
For Bush to do this would be political folly and politically fatal. He would get a grudging nod from Ralph Neas or Shrummy, but would pay with the lost esteem of millions of his supporters. Bush should await the confirmation of Roberts before naming a successor to O'Connor, then name an Edith Jones or Michael Luttig. This is what he has pledged to do, and he needs a fight to rally his constituency. Will the liberal pundits, pols and special interests rail against him? Sure. But who cares? As the late Master of Balliol used to admonish his pupils who were to inherit the empire, "Never complain, never explain, just do it -- and let them howl!"