I have two initial thoughts about the deal. First, if Chief Justice Rehnquist retires at the end of this term, as may expect, and President Bush nominates a mainstream conservative to the court (e.g. Michael Luttig, John Roberts, Michael McConnell), if the Democrats filibuster the deal was made in bad faith. Indeed, the only possible “extraordinary circumstance” if a mainstream conservative were nominated to replace Rehnquist would be clearly documented ethical improprieties.
Second, if any of Bush’s nominees had to be thrown overboard, I would have picked William Myers to be among them. In my mind, he is the least impressive of Bush’s appellate nominees. As for Henry Saad, his fate was sealed an e-mail he sent disparaging a Senator was inadvertently exposed.