We don't get to listen in on the Supreme Court very often. I think we'd probably satisfy our unprofessional curiosity very quickly if we did have the chance. But, occasionally there can be value to paying attention.
This comes from the discussion during Citizens United in which Solicitor General Kagan lost in her pleading to let government shutdown the rights of groups of people with a common interest to have their political arguments heard. She is trying to convince the Justices that even though the applicable statute says that books could be banned if the government didn't like what was contained, that has not happened so far. It's sort of "no harm, no foul" on our First Amendment potential abridgement.
She is going to be confirmed. Have no doubt of it. Fortunately she's replacing another leftie who is leaving the court. But, there could be a day coming in which one of the rational jurists on the panel is replaced. That will shift the balance.
Meanwhile all that has happened is that the tenure of a leftist justice has been increased by roughly thirty more years.
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