Yup... Obama's judges would have rendered the same verdict on the 2nd Amendment as Alito, Scalia and the Republican appointments just did.
You just go ahead and vote for the Dems by NOT voting for McCain (NO, I do NOT like the him that much) . We LOSE ANYTHING in the Constitution by teaching another lesson... Mark my words.... We WILL NOT get them back.
You doggone well better think about that.
McCain is unlikely to appoint such strict constructionist judges either. He wouldn't appoint a Ginzberg, but he might very well appoint a Stevens (Ford), Souter (Bush I), or even a Kennedy (Reagan) who while he voted for the Constitution in Heller, voted for Child Rapists, using a wacko standard for "cruel and unusual", and full Constitutional rights for terrorists.
Right now, the balance is about right. The most consistently libertarian judge on the court, Kennedy, provides the crucial vote in favor of second amendment rights with the conservatives while he also provides the crucial vote with the liberal justices for civil liberties.
Also, the conservative judges are young and probably will be on the court in four years. The most liberal judges on elderly so any replacements will be pretty much a wash. If there was ever a time to vote your conscience for a third party candidate, this is it.