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This gives Bush the perfect scenario to nominate Gonzales as Chief, and I think he very much wants to have a "Gonzales Court" for a long time. (Alberto is only 49) He can nominate Gonzales as Chief, and then nominate some RW nut job and still claim to have balance on the Court. Plus, that would only mean two confirmation hearings, whereas if he puts Scalia as Chief, that would mean three confirmation hearings. I seriously doubt that. I really think Bush cares less about the actual legal ramifications of his appointments, but wants to leave his mark on the Court, which a Gonzales confirmation would do. And politically, the Republicans will reap rewards from the fastest growing minority group by nominating one of their own as Chief Justice of the Supreme Court, which is a much more visible and glamorous position than AG.
That would be the smart thing for Bush to do, but alas, this is Bush we are talking about here, so intelligence is out the window.
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