O'Connor-ed

As many of you may have read, Justice Sandra Day O'Connor announced her retirement early today.  Story here.  This was predicted by Bill Kristol, and posted here.  As has been consistently the case, SCOTUS blog offers some well reasoned commentary on the matter.  Lyle Denniston, in a recent post, had this to say:

President Bush has it in his power to make the Senate process in considering an O'Connor successor move more rapidly and with less controversy. If he were to choose a nominee of unquestioned reputation, strong judicial temperament, and moderate views, the chances are that the Senate fight might not be as deep, as angry or as prolonged.

While I do not take issue with any of SCOTUS blog's coverage, nor Lyle's post in particular, his use of "unquestioned reputation, strong judicial temperament, and moderate views" is indeed a symptom of how popular culture's coverage of the law misapprehends what's really taking place. Strictly speaking, this isn't anything wrong with Lyle's phraseology here. If President Bush nominates someone with these three characteristics, the confirmation process will be less a battle, and more a seamless transition. I believe a more accurate way of capturing the situation is to ask whether the President can appoint someone with those characteristics. Now, I do not mean to ask whether the President has the actual (read: physical) ability to do such a thing. Of course he does. I am also not asking whether the President has the constitution to do such a thing. This point many would debate. What I am trying to get at is that I do not believe the President can appoint someone with those characteristics, but not because he cannot actually, or because he doesn't possess the constitution to do so, but because those characteristics are meaningless in the context we use them.

What is an unquestioned reputation? Is anyone's reputation without question? Does it matter who questions someone's reputation? I have the same wonder of "strong judicial temperament." Also, what are moderate views? Is there any such thing as a moderate view. A view can be moderate? What defines moderate?--perhaps Who defines moderate? Is moderate indicative of 'middle,' asin compromised, or is it indicative of 'just,' as in justice. Then, moderate compared to what? Are 'views' ever moderate to those who disagree with them? With the foundation of initiatives like savethe court.org, or upordownvote.com, [I purposefully chose not to link to these sites] we're all in for a brutal confirmation process because each ideological camp believes our future is at stake. Though this might be true, we will all be disserved by what we're about to witness.

[Cross-posted @ De Novo]