That's my view of the choice Fred Barnes posits that Pres. Bush has in making his first Supreme Court nomination. Barnes states the choice as "trying to improve the position of a political party [or] seizing an historic opportunity to change both the role and the rulings of the federal judiciary" such that Bush could nominate a justice based on genetic background (Alberto Gonzales) to broaden the GOP appeal OR a justice in the Scalia/Thomas mode.
One problem with Barnes' thesis: Bush can do both by saying the two magic words for a conservative Latino (and unquestionably intelligent) nominee -- Emilio Garza.
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