Mark, the problem with the O’Connor-for-Miers swap isn’t that it will change nothing about the balance of the Court. We don’t know that. We have no idea what kind of justice she would make. She might vote with Scalia every time for all we know. The problem with the Miers nomination is that there are a dozen scholarly judges and thinkers, including women, who were unambiguously more qualified for the position, and Bush passed them over to throw a lifetime bone to his friend and deputy.