"Duke University law professor Erwin Chemerinsky said. "Socially significant cases, legally significant cases, cases that affect the rights of large numbers of people -- all of that is already present."
The experts agreed on the emerging importance of moderate conservative Justice Anthony Kennedy as the key swing vote. In the high-profile cases, he could cast the decisive vote on the nine-member court with four liberals and four conservatives."
If this isn't enough to make you sleep badly at night there is this:
The court by a 5-4 vote in 2000 struck down a similar Nebraska abortion law. The experts said they will be watching closely whether the court follows that precedent and strikes down the federal law involving a late-term abortion procedure.
In 2003, the court by a 5-4 vote upheld the use of race as a factor in admissions at a public university. The experts said they will be watching if that precedent is extended to the use of race as a factor for elementary and secondary school assignments.
O'Connor voted in the majority in both cases."
Hands up, everyone who doesn't think we need a Democratic Majority in the Senate next year.