Perhaps she will recuse herself from judging the constitutionality of these war decisions. These are crucial years in the war on terror and some of those national security court cases will be new and she will be the swing vote for national defense.
And trust me, the ACLU isn't getting any more patriotic, so I doubt that those petitioners clamoring for our nation to disarm itself in the GWOT will pipe down anytime soon.
Leaving a potentially deadlocked court? This possibility makes the choice all the worse.