So, instead, we're left arguing about whether an exception should be made to Miranda rights in the case of a terrorist who plotted with foreign agents to plant a car bomb in Times Square. ("You have the right to remain violent ...")
We are at war. The Supreme Court has no right to stick its fat, unelected nose into the commander in chief's constitutional war powers, particularly in a war against savages whose only reason for not nuking us yet is that they don't have the technology. (The New York Times hasn't gotten around to printing it.)
The reason Democrats are obsessed with controlling the courts is that unelected judges issuing final edicts is the only way liberals can attain their insane policy agenda. No group of Americans outside of Nancy Pelosi's district would vote for politicians who enacted laws similar to the phony "constitutional rights" liberal justices proclaim from the Supreme Court.
President Obama would rather surrender his authority as commander in chief to the Supreme Court than get blamed for deciding to treat terrorists as if they're Paris Hilton facing a drunk driving charge. Let the court do it.
(Recall that Obama's decision to try Khalid Sheikh Mohammed, mastermind of the 9/11 attack, in a civilian court in New York was even less popular with the American people than Jay Leno at 10 p.m.)
Meanwhile, elected Democrats in Congress are also happy to yield their law-making authority to the court, so they don't have to be the ones voting for laws mandating late-term abortions; hard-core pornography on the Internet; government-sanctioned race discrimination; forced cross-district busing; confiscatory property tax hikes to fund socially engineered school desegregation plans; bans on the public observation of religious traditions shared by most Americans; free education, health care and welfare benefits for illegal immigrants; and a redefinition of the 2,000-year-old institution of marriage against the express wishes of voters in every state to vote on it.
(Note: This is only a partial list.)
The Supreme Court has become a Blue Ribbon Commission for Lunatics, issuing binding edicts in 5-4 votes that Americans would never in a million years vote for. Distinguishing between Elena Kagan and any other Democratic nominee is like distinguishing between Hannibal Lecter and Vlad the Impaler.