Except with Kennedy -- the other swing vote, we'd see a lot of 5-3, and those certain to be the wrong way.
I hadn't thought about Kennedy.
The sad thing is that even though O'Connor quitting gives us a reliable conservative vote, we still are one vote away from a true majority.
Instead, we have Kennedy in there mucking things up, and for all intents and purposes, he will be a liberal when it counts.
We would still lose all the vital decisions.