"Conservative jurisprudence" relies heavily on legal tradition, and counts on conservative judges and justices like the late Antonin Scalia to perpetuate it, rather than living, breathing judges at all levels who are not hide-bound to Scalia's judicial philosophy or conservative legal ideology, even MSW's version!  Tonight's appointee will profoundly disappoint the right wing much as Earl Warren disappointed Eisenhower, who appointed Warren the CJ directly without appointing him first as an associate.