[oceanview]

if OConnor were replaced tomorrow with Janice Rogers Brown - there would still be 5 votes for Roe on the court - Kennedy, Souter, Breyer, Ginsburg, Stevens. the same 5 are for gay marriage.

to turn the tide, one of two things are needed:

- the president elected in 2008 will likely replace Stevens and Ginsburg. Its that president that will remake the court. if we lose the presidency in 2008, its all over, you can forget about any of the SCOTUS issues that concern you. Hillary will remake the court.

- we need a judicial leader, perhaps its Roberts, perhaps its the next appoitnment - to be able to pull Kennedy back from the dark side. Miers certainly wasn't going to be that leader.

[JeffAtlanta]

there would still be 5 votes for Roe on the court

Well, Ginsburg doesn't think that Roe was a good decision either.

[clawrence3]

First, you are assuming Kennedy could not already be swayed - read again the dissent in Casey - and second, you are assuming Stevens, Ginsburg, etc. stay on the Court until 2009 ; )