After laying out that post, its now clear.

Hamdi broke down with Thomas claiming the President is like a king, Scalia, Stevens, and Souter throwing the book at him, and the rest of the court scrambling to pull a rabbit out of a hat to give him what he wanted, which the press dutifully misinterpreted as a strong affirmation of civil rights.

They didn't make Scalia Cheif Justice because he laid them out in Hamdi. They couldn't make Thomas Cheif Justice because hes on the fringe of the court. They don't really want a "strict constructionalist" because the constitution gets in the way of their efforts. They want a loyalist who will defer to them and not get in their way.

The confirmation is really about whether Congress wants to have some control or not.