Sotomayor seemed like the obvious choice for Barack Obama. Not only does she share his understanding of the Constitution, that the Constitution can be molded into whatever a Justice wants, but her ethnicity will be used as a weapon against any Republican who attempts to block her nomination. Sadly, there is little that Republicans can do.

While I detest the media's fixation on ethnicity, Sotomayor's background will be as important in the eyes of the American people as her judicial philosophy. The public simply will not have time to teach themselves the nuances of Constitutional interpretation over the next few months. This is just the reality we deal with.

My only concern with Sotomayor is that she is so open about her Judicial activism. She almost wears it as a badge of honor, rather than something that shouldn't be talked about in public. In my opinion, any Justice who openly says that the Federal Court system is where policy is made should be impeached for violating her duty as a Judge.

Nevertheless, Republicans would be wise to explain to the American people why they prefer originalist Justices rather than attacking Sotomayor. When they go on television, they should explain why Article V of the Constitution should be the avenue to change the Constitution rather than Judicial fiat. See my video below explaining Article V: