Mushy, middle-of-the-road--The perfect judicial nominee?

Mickey Kaus is usually pretty clear headed but, on keeping the filibuster he leaves reason behind. He writes that the politicization of the judiciary requires that appointees be "mushy middle-of-the-road consensus candidate[s]" and that the filibuster will help force compromise. I don't think Bush is interested in repeating the Souter nomination.

This is a battle created by justices who have politicized the courts and it must be fought out and won by the advocates of a cautious judiciary who are nevertheless willing to pull the courts back from their past overreaching. Otherwise, the democracy on which the Constitution is built will be in peril.