We know that the Court will continue to be faced with core decisions about the scope of Congress' authority to pass laws ensuring rights for all Americans. It will be taking up age old-questions about the separation of church and state and new attempts at restricting a woman's right to choose. It will be faced with questions about privacy in the information age, or about enforcing gun safety laws, at a time when leniency in some states can flood other states such as New York with illegal weapons. Now, George W. Bush has, in the past, indicated that he would nominate Justices like Scalia and Thomas. And we know that members of the religious right have made it a top priority to ensure a Supreme Court which reflects their positions.
Abortion ought to be over.
Gay rights ought to be over. School prayer ought to be back already. This is not an abstract threat. There could be not only one, but two or three vacancies to fill in the next Presidential term. Since 1937, there has usually been about one seat to fill every two years.