PROVO — The resignation of Supreme Court Justice Sandra Day O'Connor is both the best of times and the worst of times for President Bush.

That assessment comes from Brigham Young University political science professor Richard Davis, author of the book "Electing Justice — Fixing the Supreme Court Nomination Process."

It signals the best of times because, with Chief Justice William Rehnquist's thyroid cancer and advancing age, O'Connor's resignation means that President Bush will most likely get to appoint two new Supreme Court justices before the end of his second term, says Davis.

Conversely, O'Connor's resignation is bad news for Bush since it will be significantly harder to get conservatives and liberals to agree on her successor than it would have been had it been Rehnquist's shoes — and not O'Connor's — that needed filling.

"I think (O'Connor's resignation) does mean for the White House that they can expect that they're going to get another (Supreme Court appointment) before President Bush's term is over," said Davis. "It's possible that they (Bush's advisers) may say, 'We may not get exactly who he wants this time, but next time perhaps we will.' They may be able to satisfy the conservative groups — appease them, really — by saying, 'We have another opportunity here next time.' "

Davis said the difference with Rehnquist is he was an accepted conservative. It would have been easier for Bush to replace a very conservative person with another very conservative person.

"The liberal groups would say, 'Well, it hasn't changed things. Rehnquist was already conservative; we're just going to get someone like him,' " Davis said.

Replacing O'Connor will be much more difficult because centrist and liberal groups want someone like O'Connor. President Bush has said he would like to appoint someone like Anthony Scalia or Clarence Thomas, who are very conservative.

"The conservative groups see this as an opportunity to shift the balance" of the court, Davis said.

Although Rehnquist was the one most often bandied about in recent months as the justice most likely to retire, Davis wasn't surprised by O'Connor being the only one thus far to decide to leave the bench.

"It didn't surprise me," said Davis. "I thought it would be one of the two. It didn't surprise me it was her because Rehnquist has not indicated that he wanted to leave. I think the only reason he would've gone is because of ill health."

Davis said O'Connor has sent signals about wanting to leave her position. He said he heard she really wanted to go four years ago because her husband has Alzheimer's disease. Rehnquist's wife passed away 14 years ago.

"I think it's possible (that Rehnquist could resign this year), but unlikely," Davis said. "If his health remains stable, I'd think he intends to stay on."

One of the names most talked about to take O'Connor's spot is U.S. attorney general and longtime Bush ally Alberto R. Gonzalez. Davis believes Gonzalez faces an uphill battle because, even though he would be the first Latino appointed to the high court, most conservatives consider his record as a member of the Texas Supreme Court unacceptably moderate.

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