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He's already stated that he doesnt want to be nominated and would turn it down - and actually he would be much better than most of the people that are being considered (most of the critics of him being suggested have come from the conservative right-wingers cause he's too liberal for them) - remember also that this appt doesnt have to be real important as more than likely there will be at least one more resignation before Bush leaves office - and probably two more.
Its also noteworthy that O'Conners letter of resignation had a little hidden meaning in it designed to let Bush know that he had better be careful with the replacement process
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