I emphatically agree with Ed’s observations. I’d just add one other point. It’s obvious from issues like the detainee abuse photos that Obama WANTS to do what the Left would like but can be dragged kicking and screaming to the sensible result by the need to remain politically viable. I suspect that’s why Elena Kagan — as Ed’s post recounts — has gone along, too. But once on the court, she wouldn’t need to worry about that anymore. In fact, the reason Obama won’t just issue an executive order to end the photos controversy is he is hoping the courts will figure out a way to order release of the photos and give him cover to release them while claiming that he really tried to suppress them. That is, he fully expects that the courts can accomplish Left agenda items that politics prevent him from being able to accomplish as POTUS. That would be the license Kagan — or any other Obama nominee — would carry.