I outline some reasons to be skeptical about whether Kennedy would be willing to cast a fifth vote to hold bans on same-sex marriage unconstitutional here. At a minimum, there's no reason to simply assume that "[t]here are 5 votes for a constitutional right to...
federal courts
Obama's glacial pace in making federal court nominations is not, strictly speaking, an example of the kind of thing Krugman is talking about today. Making a couple dozen more nominations.