All the survivors and families of people who perished on 9/11 will be called, and it’s hard to imagine how to counter any of that.

It’s too early to tell. Some people believe that Roberts may be similar to Rehnquist in his jurisprudence, although that’s not at all clear yet.

With the spying, it’s hard to overcome the ultimate purpose of the administration, which is to combat terrorism. With the ports, it’s almost the opposite. The ports deal is an easier issue to explain to...

That’s where Rehnquist was at his most vocal, … He was always willing to fight for an independent judiciary.

It might give them pause to think they might be sued and hauled into court.

The witness whose testimony was struck was their first and perhaps their strongest witness, and so that could make it difficult going forward on the case.

Merck is trying to paint this as a tie, but it is really not so good for them because people thought they would have had an easy win.

The government may have overstated the dire circumstances going in. But when they actually came to prosecute the case, it didn’t seem as dire or as strong a case when they came to the courthouse.

It was difficult for me to think of another situation where a court has said this to the government.

It’s still too early. We just don’t have the patterns yet.

The Fourth Circuit could have vacated its ruling and I doubt the Supreme Court would have entertained [the Padilla case] at that point. But now it is very much alive in the Supreme Court and...

She has tried as hard and she can to get this difficult case right, and then she is confronted with a blatant violation of the rules. She has been careful and cautious, but probably is...

Right now it seems like the uncertainty would make senators more circumspect with Roberts.

That’s the nub of this issue. Whether there is a pattern of unilateral executive action without approval or consultation with the other two branches of government.

This means the issue of whether you can hold a citizen 3 1/2 years without charges will likely be unresolved, which is of great concern to many.

The Supreme Court has not directly faced the issue of whether ‘under God’ in the Pledge of Allegiance violates the First Amendment.

I don’t believe somebody like Tom DeLay is going to take any chances by way of his representation, and his reputation.

Specter is the key, and then it comes down to moderate Republicans and where we were in May.