You are forgetting that Obama doesn't have much congressional opposition. You are forgetting that he doesn't need Republicans to pass any of his legislation or to confirm judges in the Senate. He's got all the votes he needs.
Now, before everyone starts jumping on what I posted, get this clear: I DON'T LIKE MCCAIN, in fact I can't stand the man. So do not pile me with complaints about RINOs or GOP moderates, or their supporters. And this is not about 'friends' or 'enemies,' it's about who judges cases.
And you are forgetting that the Republicans in the Senate still have the filibuster if they so choose to employ it, not that the RINO 3 will join in. Remember that all Republicans and several Democrats refused to vote for the bailout, although it sailed through on the votes that they had. So Obama doesn't have all the Dem votes in the bag; there are actually some fairly conservative Democrats in Congress that make Specter and the Maine Feminazi Twins look liberal in comparison. A radical leftist nominee will not get the vote of these few Dems and with the Republicans we have, it's very well conceivable that an Obama nominee will be blocked (60 needed to confirm).
If this stalemate can be maintained until 2010, I think there is a good chance to regain some seats, if not a majority in one chamber. Who knows with the way things are going?