The OP back. I want to list below several quotes from Bush and from a legal scholar. Draw your own conclusions but from these quotes, it seems that Bush does have a litmus test and it is religion which is against Article 6 of the constitution. Whom... impeachment????
"President Bush indicated Wednesday that Harriet E. Miers' religious beliefs were one reason he nominated her to the Supreme Court comments that drew quick criticism from liberal groups, which said religion should not be considered a qualification to sit on the nation's highest bench.
Bush's remarks came on the same day that Christian leader James C. Dobson, president of Focus on the Family, told his radio show listeners that White House Deputy Chief of Staff Karl Rove had assured him before the announcement of Miers' selection that she was a committed evangelical Christian.
Bush previously has stressed his knowledge of her character, but this was the first time he publicly referred to her faith when asked about picking her."
"We were told we weren't even allowed to bring up the topic of religion when John G. Roberts was nominated for the Supreme Court," the Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State, said in a statement. "Anyone who did was quickly labeled a bigot. Now Bush and Rove are touting where Miers goes to church and using that as a selling point. The hypocrisy is staggering."
Ralph G. Neas, president of the liberal group People for the American Way, cited Article 6 of the Constitution, which states that "no religious test shall ever be required as a qualification to any office or public trust."
"The president and his people are using repeated assurances about Miers' religion to send not-so-subtle messages about how she might rule on the court on issues important to the president's political supporters," Neas said. "It's a shabby ploy unworthy of the debate over a lifetime appointment to the Supreme Court."
Kermit Hall, president of the State University of New York at Albany and editor of the "Oxford Companion to the Supreme Court of the United States," said it was unusual for a president to emphasize the religious beliefs or affiliation of a nominee to the Supreme Court.
Since President Wilson named Louis Brandeis to the high court, "tacitly there has been some understanding that we should have some Jewish representation on the court, just as nowadays there is some representation of gender and African American background," Hall said. "But I cannot think of any president who has ever made a nomination because of the religious beliefs that a person held."
OP again.. So while consideration has been given to what creed, gender, race of a nominee it has never been used as the 'sole' criteria. She may be a pioneer for women in the legal profession but so what that does not make her qualified for the Supreme Court. I am sure that there are many other women who were pioneer's in the legal profession in their respective states. If being a pioneer is 'so important' then find on with some experience in constitutional law. I am sure that they are out there.