someone who's going to be on the court for many year and the second factor is the record has to be sort of deep but not too deep. there can't be a lot this person has written, because when there's written material in the record, it gives the opthinks something to seize upon and in this environment, they will certainly take that opportunity. jon: clearly the president will as you say replace a liberal with a liberal, but what some are suggesting is that he may have a problem finding a liberal who can pull in the moderates as justice stevens was often able to do. >> yeah, you know, on the high court, this is something that is often missed in washington, as it is on capitol hill often. the power in the political process and in the legislative process and in the judicial process is often in the middle. those are the people who make the big decisions, who go one way sometimes and go the other way the other times, they're the people that make legislation possible and on the supreme court, they're the ones who make it a 5-4 decision. now, so it's going to be