They don’t own them all.
And the High Court has 4 likely on our side and 1 who is a genuine swing Justice but leans slightly more right. Obama hasn’t been too nice to him either and these Justices can hold grudges. Would have been in his best interest not to antagonize Kennedy but he just couldn’t help himself.
It’s no sure thing since Kennedy isn’t guided by the same principles of the others but slightly better odds in our favor then Obama’s favor.
Leftists abound on circuit and district courts. As for SCOTUS, they know that Kagan will recuse herself on nearly half of cases, including this one. That leaves us with ties on the high court, resulting in lower court decisions standing.
What most missed is that the nation chose 1-party rule in Nov/08. All things changed - nothing is the same. And, no - we aren’t just in a cycle.