[TexasFreeper2009]

my point is at least 4 conservatives would vote to uphold DADT for sure on purely conservative ideological grounds... and since we can count on at least one liberal (Kagan) to vote for it because she thinks congress have unlimited powers to do whatever it pleases, that makes 5, and 5 makes a majority.

[andy58-in-nh]

There are four solid conservatives on the Court and one (Anthony Kennedy) who acts as a swing vote, but who has not shown a clear disposition to support radical initiatives that would overrule either legislative intent or majority rule in matters of social organization. Anyone who has served in the military in something other than a political role knows what would happen to the morale of our troops in the event of forced acceptance of homosexuality in the ranks. “Disaster” is not too strong a word. But then, we as a Republic ought never forget that elections do have consequences.