Oh but it does matter. It's all about how well you can sell it. Frankly, it's much easier to sell a judge than a senator. And less hassle for an administration. There's a cost to everything. And most administrations want to reduce the cost of nominating justices to focus on actual issues. As you've seen in the last couple years, even if you have a majority, it doesn't mean you can just ram through everything. Sure, you can get the party to confirm your guy but it may mean they're way less willing to work with you on another issue. So a judge with limited controversy makes far more sense, even if everyone knows they are partisan in reality. Plus, for every big high profile case, you have dozens and dozens of boring procedural cases that aren't partisan so you actually do want the best of the best on legal matters.Which is basically why the argument holds no water with me. Judges are partisan, everyone knows this. Allmost all that matters is whether the President's party is in the majority.