I'm disappointed that Antonin Scalia isn't going to get his chance to be Chief Justice of the United States. I can't imagine that he isn't very angry right about now.
But this tells you one thing about how weak the Bush Administration sees its current leverage on Capitol Hill: they don't think they've got enough mojo to fight on two fronts for the Supreme Court.
Getting John Roberts confirmed is in the bag. That's no fight at all. But getting Scalia into the Chief Justiceship at about the same time that they're trying to get an unambiguous conservative onto the bench is more than the Bush people are willing to do.
They're wounded right now and this is how you know they know it, too.