This has been the most difficult forecast, in the series, for me to write. I’m having mixed feelings on whether or not I should feel optimistic or pessimistic about next year’s legal battles with the Bush administration.

The federal government is like a glacier, it moves very slowly, but when it hits the destruction is absolute. I believe the federal government was just warming up in 2005, with the real assault coming in 2006. However, recent developments give cause for some degree of optimism.

Obviously Judge Millers ruling for injunctive relief, in the 2257 case, gives some reason for optimism. My concern is a lot of people in this industry will view it as a total victory, when in fact, its just on small step in a very long and drawn out process. It’s also important to remember that new legislation is in the wings that will render much, if not all, of Miller’s ruling moot. I’m reasonably confident the new legislation will become law in 2006.

I am encouraged by the ACLU’s involvement in some of the industry’s landmark cases. The Bush administration is going to use great care when it comes to a wrestling match with that six hundred pound gorilla.

Also very encouraging is the recent backlash Bush is experiencing with rights to privacy. Public sentiment is getting a bit ugly toward Bush’s police state mentality, and this might spill over into some legal cases. The most important of those being the Extreme Associates case, argued largely on the issue of rights to privacy. The only chance of that, however, is if the case goes to a jury, a scenario the defense would like to avoid.

I’m going to step out on a limb here by suggesting that the Bush administration’s push toward what looks a lot like Marshal Law, could have an impact on the 2006 election. The American public may decide to voice their intolerance by voting a few people out of office. Even if they do, I’m not convinced it would be enough to change the political landscape.

For what its worth, there is a political influence on the American judicial system that should not be overlooked. While judges cannot be fired for their rulings, carrier paths are most definitely mapped out with each decision they make. Under the current political climate, most judges in this country are not anxious to draw the adult straw. It’s a no-win situation for them. If they rule in favor of free speech and rights to privacy, their career is dead in a conservative administration. If they rule conservative, they will be labeled as such by future liberal administrations.

Finally, we cannot ignore the fact that Bush has stacked the deck at the highest court in the land. Any victories we manage to achieve in 2006 are sure to make their way to the U.S. Supreme Court. Once these cases reach those hallowed halls, my optimism starts to fade.