You'll have to forgive me: I think I partially missed the point -- or at least one of the important implications -- of Richard Cohen's column citing opposition to affirmative action as described in Ricci vs. DeStefano as the crucial litmus test for the next Supreme Court nominee. Ricci vs. DeStefano turns out to have passed through the court of Sonia Sotomayor, the 2nd Circuit Judge who many consider a frontrunner for the nomination. Cohen doesn't mention her by name, but as Jeffrey Rosen notes, in a piece that quotes a number of former clerks and associates arguing against her nomination, this was the most "explosive" case she's been involved with. Different players here are obviously doing different things. I don't doubt that Cohen's angry opposition to affirmative action is genuine. Nor do I doubt that Jeffrey Rosen really amassed a bunch of negative quotes from former clerks. But even so, it's remarkable how quickly we've seen what amounts to an oppo dump on Sotomayor.
