David Bernstein couldn't recall the Bush administration having "appointed any conservative judges with significant libertarian sympathies" and wonders "If not, why not?"
George Bush nominates appointees; the Senate confirms them. When a certain power of the executive is qualified by the need for majoritarian support from a coequal branch of government, political reality prescribes all selections and judgments during the nomination process. The current environment is possessed with partisan and ideological intransigence on the part of the left, plain in Senators Patrick Leahy and Charles Schumer, or statements from other members of the Judiciary Committee, to be found in session transcripts.
Libertarians? Verboten. More so with Congress in Democratic hands. This should be obvious, but then on the question of implementation there is that grand disjuncture between libertarianism and sobriety.