What is more, it’s some observers believe that, lacking a solid philosophical core, once ensconced at 1600 Pennsylvania Avenue, President Romney might just do what seems most likely to win him a second term. If he believes success would more likely come through compromise and cutting deals, you had best believe that’s what he’ll do. (Every president does). A compromising Republican presidency might end up being worse than no presidency.

Of course, Supreme Court appointments have long been the cudgel establishment Republicans wield to persuade recalcitrant conservatives to grudgingly support their less-than-perfect nominees. Carrie Severino, the chief counsel and policy director to the Judicial Crisis Network, painted this election as urgent, reminding me here are likely going to be three new justices appointed during the next presidential term. If elected, Obama will have had the “opportunity to appoint a majority of the court,” the most since Franklin Roosevelt.

Then again, “conservative” justices haven’t always worked out so well. Remember earlier this summer when Chief Justice John Roberts abandoned the conservative movement, siding with the Obama administration on health care reform? “Republicans will tell you that the biggest difference between [Obama and Romney] will be their judicial appointments,” Shirely says. “But for every Scalia [there] is a [David] Souter or a Harriet Miers.”