A while back I mentioned an Atlantic Monthly essay claiming that the real danger of an (even more) conservative federal judiciary is to environmental regulation.
Jonathan H. Adler has a paper in the Iowa Law Review arguing that the danger is minimal, and mainly at the margins, and perhaps not such a bad thing. The abstract is reprinted on Commons, if you want a capsule summary. I can't say I read all 95 pages (!), but I believe the relevant stuff comes toward the end. Here's a long exerpt: