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If he dies before the election, Bush either decides to sit on it, or he has to go moderate. Creating that wedge can easily destroy him. If he dies after the election, or resigns... But before January 20 when Kerry would take office he tries to get a right winger in, but the Senate filibusters through January so Kerry can make his first appointment.
They lost their chance when they let the last 4 years go by. I guess they didn't wan't the stigma of having their replacement appointed by the man they made the decision to install in office. SC Judges care about their legacy. As long as GWB doesn't win the election, Rehnquist's replacement will be moderate to liberal.
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