While everyone is focused on the Supreme Court nomination that Barack Obama now gets to make, let’s do the outside-the-box thing.

Obama now has to come up with another nominee to serve as the head of the Office of Legal Counsel in the Justice Department.

So let’s play a little game. Suppose I’m a legal whiz-kid gal. On second thoughts, why make this about me? Suppose you are a legal whiz-kid gal. And the White House comes a-calling, wanting to know if you’re willing to be considered for the job. Do you go “Yes (damn!), pretty please!”, or do you beg off very politely?

Consider this, first. The Republicans would oppose you just as fiercely as they opposed Dawn Johnsen. Because that’s what the Republicans do these days, that’s all they do. They violently oppose and filibuster everyone who Obama proposes. (Simplifies life. Never have to think.)

Can Obama afford to be seen fighting more strongly for his second choice than he did for his first?

So do you go “Yes, pretty please!”, or do you beg off very politely?