If Romney wins, Cass Sunstein insists that honest government regulation will suffer, since lower court judges appointed by Republican presidents statistically favor industry challenges over those from public interest groups. He adds:
What this evidence suggests is that many of the biggest battles of the day—over health care reform, financial reform, environmental protection, workplace safety, civil rights—will ultimately be settled in court by lower-court judges in rulings that will get little public attention. The Supreme Court has upheld the Affordable Care Act, but some of the rules that are necessary to implement it may turn out to be vulnerable. Unlike presidents, judges often stay in their jobs for decades, and any president is in a position to shift the judiciary in major ways.