text: Now that Congress has passed thanks to the peeling off of a bare minimum of Senate Republicans and President Obama has signed a financial regulatory bill with a massive scope and untold costs, and a bill extending unemployment benefits without paying for them, he and the Democratic leadership have two more big items to rush through before Congress's August recess. They are a bill that will ostensibly help small business and the Supreme Court nomination of Elena Kagan. While Congress is claiming it wants to help small business, confirming Kagan could mean great harm to business owners crippled by costly regulation. Based on her writings and her arguments as Obama's solicitor general (which is all we have to go on, since she has never served on the bench), not only is Kagan likely to rule against constitutional challenges to Obamacare, Dodd-Frank, and other onerous laws, but she is also likely to do what she can to make it nearly impossible for smaller "regulated firms," as she calls them, to have their day in court in the first place.