Obamacare decision: Blame Bush?

In a Volockh post entitled "The Perils of Shortsightedness," George Mason Univ. Law Prof. David Bernstein writes:

As I noted several times on this blog, the Bush Administration had one primary criterion for its judicial nominees: whether a nominee was likely to vote in favor of the government in War on Terror cases.

He argues that Pres. Bush's nominations of Miers and Roberts were consistent with this rather than with any conservative philosophy.