it was O'Connor. She wasn't a Stevens or Souter, but she wasn't a Thomas, Scalia or Rehnquist either. She voted (if memory serves me correctly) against the whack government land grab decision, but in favor of banning the Ten Commandments from the Kentucky Courtroom.

With the stakes this high, there is no reason to not approve the Constitutional option, barring a filibuster should the demos do what they always do--obstruct.

Here's what I'd suggest the President do--ask Reid and the demos for a list of candidates they'd like (advise). Take their list and throw it in the garbage can. Nominate the person he wants, stop the Senate filibuster, and vote the person in (consent). There you have it--the Senate has done their job--advise and consent.

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"Victory at all costs, victory in spite of all terror, victory however long and hard the road may be; for without victory, there is no survival."
Winston Churchill