One can speculate that Mr. Bush would choose moderate judges like his old friend, the late Potter Stewart.
Potter Stewart, who wrote for the majority, based his holding on the international nature of the transaction.
"The suggestion that there are limits upon the public's right to know what goes on in the courts causes me deep concern," wrote the late Potter Stewart.
Potter Stewart wrote the judgement of the court.
Potter Stewart was confirmed as a justice on the United States Supreme Court by a vote of 70-17.
Potter Stewart attended the Hotchkiss School, graduating in 1933.
Potter Stewart would have known this one when he saw it.
Potter Stewart sought to make an argument for the objective test, calling it "the only one truly consistent with the underlying rationale of the defense".
"It's like Potter Stewart's definition of obscenity," he said.
It is like Potter Stewart's take on obscenity.