That would have given the President a chance to name a younger and more conservative justice in his place.
Those who call for more conservative justices to rule on matters like abortion should recognize that this comes with environmental costs as well.
The conservative justices have been on a crusade to insulate the states from federal law.
Even the most conservative justices chafed at the apparent limits on their power.
Both liberal and conservative justices have criticized the law.
Thomas is probably the most conservative Justice to serve on the Court since the nineteen-thirties.
But she is among the most conservative justices - and considered by some to be an activist - on matters of federalism.
Mr. Cheney may believe that the five conservative justices who put him in his current job will again assist the administration.
As we learned a few years back in the area of abortion, conservative justices are reluctant to reverse such major constitutional judgments.
The conservative justice is saying, with irony in the fire, that it serves him right for straying from strict construction.