Nuclear Option will be more difficult for a supreme court fight

[Gothmog]

The compromise that was reached has preserved the threat of the filibuster for any future Supreme Court nominations. The nuclear option is not that popular but if Frist made his move now, then the furor would have died down some by the time Rehnquist retires. The nuclear option is very questionable to begin with and if the republicans try it for a supreme court nominee, then it will be clear that they are changing the rules midstream.

This compromise means that Bush will not be able to put Scalia or Thomas up for Chief Justice. I am certain that Bush would have put up either Thomas or Scalia when Rehnquist retires. Now, Bush and Rove have to worry about the threat of a filibuster. The moderate senators will be even more hesitate to support the nuclear option for a right wing unacceptable nominee. I doubt that Bush and Rove will now try moving Scalia or Thomas up to Chief Justice.

[Spinzonner]

1. Why does it matter so much who becomes Chief Justice

IF they are appointed from the current court ?

The promotion itself doesn't add or subtract from the current balance of the court and is, in many ways, largely an administrative detail.

It's much more important to use political capital on new justices being added to the court which will affect the balance.