Why Fight Sotomayor?

Why bother?

The Democrats have their president, they have their nominee, and they have the numbers needed to rubber-stamp the decision. They aren't going to deny Sonia Sotomayor a Supreme Court appointment based upon Republican claims of judicial activism -- especially not when her life story is so inspiring. Especially not since she's a racial 'first.' By all accounts, her Senate hearing should run smoothly, with an easy confirmation appearing fairly certain. So with all of the objections and outrage erupting out of the Republican Party, it has to beg the question: why fight the inevitable? Why spend time on a cause so hopelessly lost?

We fight, quite simply, because this nomination is not just about Sonia Sotomayor. As with all political fights, this battle has heavy consequences outside of itself. Was Sarah Palin's nomination just about her?

Certainly, we oppose Judge Sotomayor on the merits of the argument: she is a down-the-line judicial activist who seems to harbor some troubling racial grievances. But she's not the real target, here: This is ultimately about sapping President Obama's precious political capital. It's about finally, unequivocally putting the left on defense. It's about forcing the Democratic Party to answer tough questions in front of the American people about the role of the judiciary in American government. It's about uniting a fractured party and reaching out to those who have seen nothing but incoherency in the right's response to economic issues. This is an issue that the Republican Party has historically performed strongly on, and still can win the trust of the American people with. Republicans of all stripes can rally behind following the Constitution to the letter -- in fact, there is quite likely no better test of whether one is a Republican or a Democrat than their legal philosophy. So this is an opportunity that cannot be wasted.

Sotomayor's near-certain appointment will have few legal consequences: In all likelihood, she'll be another David Souter. At the end of all this, the left gains nothing from a policy standpoint. But we on the right have much to gain politically by seizing this moment.