[seanc623]

So, I reiterate, cases like the Boy Scouts of America's (successful) attempt to retain their First Amendment rights of Freedom of Association and Freedom of Religion are at stake when the U.S. Senate (and White House) changes hands.

Wasn't that decision 5-4? If so how many of those on the losing side were appointed by Republican presidents and/or confirmed by Republican Senates?

[lasereye]

Souter and Stevens were in the four who voted against the BSA. Both of them are consistently liberal. Stevens was appointed by Ford in 1975 when there was a huge Democratic post-Watergate edge in the Senate. Ford wasn't a conservative anyway, but even if he was he probably couldn't have gotten someone much more conservative than Stevens.

Souter was appointed by the first Pres. Bush, also when the Senate was solidly in the control of the Democrats. Souter's views on everything were kind of mysterious at the time, which was a large part of the reason Bush appointed him. He had a lot of trouble getting confirmed, ironically because most of the Democrats voted against him. He refused to say in his testimony how he'd vote on the Dem's litmus test issue, abortion. Bush's other appointee, Clarence Thomas, probably couldn't have been confirmed if he hadn't been black. As it was he had to go through hell you'll recall.