When it looked as if Rehnquist and not O'Connor was going to retire, Bloomberg News talked to Ted Kennedy.

Intriguingly, Kennedy said that of the three oft-mentioned, younger appeals court judges who are candidates for the chief justice slot - J. Michael Luttig, John Roberts or Michael McConnell - one would be acceptable. "I'm not going to get into which one" because that would be "the kiss of death" for that person, he said.

If he means Roberts, I'm guessing we're not going to see the Democrats put up much of a fight.