Given the election results on Tuesday, speculation is heating up that Rehnquist may want to step down. I previously argued that neither Rehnquist nor O'Connor would be likely to retire given Bush's, ahem, tenous claim to presidential legitimacy. This week, all that was laid to rest as Bush led his party to surprising victories across the country.

In practical terms, this is really no big deal. Bush would get the chance to replace a conservative with another conservative, keeping the court's current ideological composition intact. And, who knows, another Souter could always slip through (though that's probably not very likely).

It's also clear that Bush will resubmit several appelate court judges for nomination, like Priscilla Owens, who were previously rejected by judicial committee Democrats. On a majority vote, Owens and several other rejected judges would easily be confirmed. Democrats can filibuster many of these candidates dead. The question will be tactical -- which ones are worth the fight, and which ones should be let through. I say take them all out, but that's an emotional reaction.