Consider the following scenario...

[Leopolds Ghost]

Congress passes, and Bush signs, restrictions on assembly in the name of "security" or strengthening the Patriot act. Several moderate Republicans including McCain defect, but Dems + Gang of 14 fail to sustain a filibuster, citing the "disastrous Alito strategy". Count on SCOTUS to overturn the restrictions. SCOTUS sets a new precedent and upholds the restrictions, citing restrictions on speech and firearms as a model.

Congress passes, and Bush signs, a new Alien and Sedition Act in the name of "security" or strengthening the Patriot act. Remember, the original Sedition Act was "settled law" until the original SCOTUS did the infant nation a favor by overturning it. Several moderate Republicans including McCain defect, but Dems + Gang of 14 fail to sustain a filibuster, citing the "disastrous Alito strategy". Count on SCOTUS to overturn the New Alien and Sedition Act. SCOTUS sets a new precedent and upholds the new act, citing restrictions on speech and firearms as a model.

SCOTUS overturns the Clean Air, Clean Water act on the basis of having nothing to do with commerce. Dems do not retake both houses before 2008. Moderate Dems (DLC, Gang of 14, Alito 15) declare the new restrictions on federal environmental law "settled law" and pledge to work with Republicans in a bipartisan fashion, once Dems are back in power even, to come up with "less far-reaching" environmental laws that do not "do undue damage to businesses in the midst of the current post-Bush recession".

SCOTUS overturns the Voting Rights Act and/or Affirmative Action and in the process throws doubt on the Brown vs. Board of Education due to the deliberately vague nature of their ruling having to do with the federal government being color-blind and/or should have no say in the affairs of the states. Dems do not retake both houses before 2008. Moderate Dems (DLC, Gang of 14, Alito 15) declare the new restrictions on voting rights and civil rights "difficult to overturn without being portrayed as reverse racism against struggling white voters" and pledge to work with Republicans in a bipartisan fashion, once Dems are back in power even, to come up with "less far-reaching" civil rights laws that do not "do undue damage to race relations in the midst of the current racially charged atmosphere in our nation's impoverished inner suburbs, which are now verging on 60% minority due to the success of the Clinton-Bush years in restoring the inner cities to fiscal health. We must not undo the success of the Clinton-Bush years by fostering anew racial hatred".