Rosen explained that the now-shaky foundation of federalism in the courts threatens principles in place since the New Deal.

"The fundamental question is 'Will the simple premise of the New

Deal last in the 21st century?'" Rosen said. "That's what's going to be decided tomorrow."

Rosen said that Bush-appointed justices might be more inclined to restrict the Environmental Protection Agency's power to regulate ozone-depleting chemicals.

But Rosen warned against Supreme Court social issue scare tactics, saying social issues of great importance most likely will not be dramatically affected by today's election.

Rosen ended with a final endorsement of Gore in response to a question on whether he expected the court to make a major decision on gay rights under the next administration.

"If impetus for social revolution is going to come from the courts, you better vote for Gore," he said.