had the president appointed secretary napolitano or governor grant hom, it would be a surprise. i wouldn't rule out the that someone with no track record would get appointed. president obama spoke many times that he was atracked to the notion of choosing someone who didn't fit the typical profile that is to say a circuit court nominee or judge. i think that he may also have in mind, for instance, the model of earl warren, where you appoint someone with a long track record as a politician and might approach issues in a way someone who hasn't been would. whether that's a good thing or bad thing depends on the person. certainly i think you want to have someone who has an appreciation for the notion that a judge's role is different in kind than the role of a politician. the judge is applying the law. the judge is applying the constitution. a judge can't pay attention to poll numbers or what the popular outcome would be. so while i would say that a politician -- politician may make an excellent supreme court justice, you need to make sure that that person, whoever he or is is, has a