A recent quote from Howard Dean:
"This is the last opportunity the Democrats have to say anything about public policy" considering that "one party is pretty well in charge in Washington."

I don't have the complete text of what he said, but he was referring to getting liberal judges into Federal Courts. In other words, he knows that the people of the United States voted by and large for a Republican government. He doesn't care, he's going to use activist judges to work around that and get his agenda done. The thing is, our system is set up so that when one party dominates, they get to run things. It's not like the GOP is a large majority by accident, citizens voted for things to be this way, but Dean doesn't care about the way the vote turned out, he doesn't care what the Constitution says about judges (they are supposed to interpret, not create, law... the legislative branch is supposed to create laws), he doesn't care that his disdain for the rule of law will come back and bite him in the ass someday. All he cares about is his agenda, and the people be damned.