There is a lot of hand-wringing in conservative circles over President Obama's nomination of federal judge Sonia Sotomayor to replace Justice David Souter on the supreme court.
First, the obvious.
This appointment is the worst kept secret from the Obama administration. They have had her name out there for this possible appointment oh, say the day after the election last year.
Also, Judge Sotomayor's appointment does not change anything as far as balance on the supreme court. It is a liberal for a liberal.
And, since elections do have consequences, and the Democrats have 59 to 60 seats in the senate, this should be an easy win for the Obama administration.
Now, the not so obvious is what do conservatives and Republicans do about this.
Remember, there is no way this appointment gets blocked. So anything that is done is more or less to show that Republicans have some fight left.
So, there are the voices that are saying that this is not the time or place to take on President Obama.
We have former President Bush 43 adviser Mark McKinnon saying that opposing Judge Sotomayor is the Republicans going on a suicide mission. And there is Stuart Taylor over at the National Journal offering his analysis.
And there are those such as Rush Limbaugh advocating taking Judge Sotomayor on. Also, it appears that Newt Gingrich also has some thoughts about this choice for a supreme court justice.
Here is the way I would like to see conservatives and Republicans tackle this foregone conclusion.
First, use this opportunity to expose the Sotomayor record. That is the role of a loyal opposition. Highlight those decisions that make Judge Sotomayor's record the issue.
Point out the obvious double-standards between the glowing reviews of Judge Sotomayor and another Hispanic that was appointed by former President Bush 43 to an appeals judgeship. That would be Miguel Estrada. Note that it was Democrats that filibustered Mr. Estrada's nomination in the first place.
Also, it is important to note that then then future president as a senator not only voted against both Judges Samuel Alito and John Roberts to the supreme court. Why then Sen. Messiah Barack was in favor of a filibuster against now Justice Alito. So, those who now say lets just rush this through and by acclimation should get a little taste of their own medicine.
DO NOT FILIBUSTER this nomination!
It will not stand up and will make legitimate points that will be brought up in the judiciary committee moot. People will look at a filibuster as sour grapes more than anything. And, the Republicans will not have the votes to uphold it.
At the end of the debate, every Republican should vote against Judge Sotomayor for the supreme court. Just because one is nominated does not mean that nominee should be given the post by acclimation.
It is basically threading the needle and that is the best the Republicans can do in this position. And it will be the best thing to do to expose the many judges that President Obama will nominate to the federal bench at all levels.