We lost this battle when the Dems lost the Presidency and failed to gain any ground in the Senate and the House in 2004. Roberts IS the new Justice for the next few decades. Barring the proverbial "dead woman or live boy" type of scandal this will happen. And once he is in, that's it...until death. How these people will shape the Supreme Court over the next 3+ years is a horror show in progress, I know, but there is a an awful inevitability to it. There is no silver lining here. Congress and the Senate and the Presidency can change hands over 2-4 years but the Supreme Court will remain as a Reagan - Bush - Bush legacy for a long time.
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