Sonia Sotomayor became the first wise Latina justice on the U.S. Supreme Court Thursday as the Senate confirmed Barack Obama’s nominee to replace David Souter by a vote of 68-31. While Sen. Ted Kennedy (D-MA) was absent because of illness, nine Republicans voted for Sotomayor — Susan Collins and Olympia Snowe (ME), Richard Lugar (IN), Mel Martinez (FL), Kit Bond (MO), Judd Gregg (NH), George Voinovich (OH), Lindsey Graham (SC) and Lamar Alexander (TN).
There is a key difference between the Republicans who voted for Sotomayor and those who didn’t. If this is all about politics as the be-all and end-all, as the Leftists believe, then a Republican vote for Sotomayor is defensible on political grounds — that “elections have consequences,” a president deserves deference to his judge picks, and a vote against Sotomayor may alienate Latino voters who adhere to identity politics. If, however, this is about something larger and greater than politics — a view of the Constitution that gives political positions their form and meaning — then a “Nay” vote on Sotomayor, to preserve the Constitution she treats cavalierly, is the only defensible position.