I doubt whether a moderate-for-O’Connor, conservative-for-Rehnquist deal works. Doesn’t it help give the Democrats cover for not giving the conservative a fair shake? And if the point of a two-justice deal is to make conservatives less unhappy about Gonzales, wouldn’t conservatives be happiest if a Gonzales appointment happened after one or two conservatives were already confirmed?

On the other hand, if Bush really, really wants Gonzales on the Court, it might make sense to go now. If a conservative replaces O’Connor, Bush won’t be able to tell conservatives that he has to appoint Gonzales in order to get a confirmation.