If Obama Loses: The Courts

[BzaDem]

18. That is patently absurd.

To the extent I could afford one, I would bet a nice steak dinner that Kagan would vote with the other liberals in upholding gay marriage.

Either way the election goes, as far as the Court goes, we're screwed.

It is really hard to come up with a statement more factually inaccurate than that. Kagan and Sotomayor are going to vote with the other liberals in the vast majority of consequential cases.

They said the court wasn't a sufficient reason to vote for Gore over Nader. What was the direct result of that? Citizens United (reversing Sandra Day O'Connor's decisive vote to uphold the Constitutionality of campaign finance).

If we continue to allow inaccurate statements like yours to go unchallenged, there won't be anything left in this country that will be protected by the courts. A fifth conservative will be the fifth vote to rule progressive economic policy unconstitutional. (See pre-1937.) All the dreams of progressives in this country will be destroyed for decades, because even if they end up winning in 20 years and passing the most progressive bills possible (say, starting with single payer), much of it will be thrown out by the justices Republicans appoint in 2013.