I believe he believes in shrinking the social or political footprint of the court. But can you think of any current justices, right or left, who believe the same thing?

The No. 1 thing is that this is the entire court - especially O'Connor - again trying to turn down the temperature on the issue and force both sides toward the middle. This is the court saying: We don't want to give either side all or nothing. We're going to force you to split the loaf.

This court has been very aggressive in defining the bounds of the other branches, and Congress in particular, ... And that has to do with Rehnquist's vision as much as anybody's.

This court has been very aggressive in defining the bounds of the other branches, and Congress in particular. And that has to do with Rehnquist's vision as much as anybody's.

With Barack, there's an emotional need to succeed, to win, to obtain victory. He always believes that he's the smartest person in the room.

The court will be in an extremely unsettled and uncertain situation until Justice O'Connor's successor is confirmed and seated. No one — including the justices themselves — will know for sure whether the nine justices who hear a case will be the same nine who will decide it.