And no one cares to comment on this...I guess you'd call it a pre-emptive attack on the possibility that Obama , if elected, would appoint Supremes that would pass legislation that Obama has said he's opposed to?

As opposed, I guess, to the kind of court that McCain would vote to confirm? Ooops..this IS the court that McCain voted to confirm (at least the five who decided against the things that both candidates seem to disapprove of.