Anyone hoping that Romney would appoint constitutionalists is probably expecting too much. While his picks would probably be more along the lines of Souter instead of Kagan or Sotomayor, they will inevitably vote with the left.
I would love to be wrong. I would love for him to win and get a Black, young, female equivalent of Thomas on the court and another Alito.
It will be very hard for Romney to betray the base on a Sup Court pick, especially if an opening were to occur in his first term.
Who knows what someone will do once safely on the Sup Court for life, but there are simply too many good conservative judges with a record of conservative jurisprudence for Romney to risk going with a lesser known entity. The base revolted against Bush over Harriet Miers, and Bush was considered (wrongly in many ways) to be a conservative. With Romney, there is no presumption of conservatism, so the base will not take his word for it on a Sup Court pick.
For me, this has to be one area where Romeny doesn’t disappoint. If he wins, then no matter what happens in the Senate he must be willing to nominate and fight for conservative judges.
Justice Janice Rogers Brown