No Stomach For The Fight Anymore

And speaking of Supreme Court news it looks like the GOP has all but thrown in the towel on opposing Sonia Sotomayor.

The calculus could certainly change when Sotomayor’s confirmation hearings begin July 13. But the Republican senators’ initial review of Sotomayor’s record, together with the meetings they’ve had with her, have left them doubting that she’ll be controversial enough to help them or hurt the Democrats heading into the 2010 elections.

Sen. Lindsey Graham (R-S.C.) said the opposition to Sotomayor doesn’t have the same intensity he felt in 2005, when the GOP threatened the minority’s right to filibuster judicial nominees.

“Right now, you don’t have the fever pitch you did over the filibuster,” said Graham, a member of the Judiciary Committee. “It depends on how she does [at the hearings]. If she performs well, no. If she performs poorly, potentially, yes.”

“I don’t think she’s the kind of person that invites that kind of reaction,” said Sen. Mel Martinez (R-Fla.) of the possibility of making major political gains over Sotomayor’s nomination. “I don’t think her judicial record warrants the ability to do that with her.”

Sen. John Cornyn (R-Texas) might be counted on to take an aggressive stand against Sotomayor’s nomination. But he’s in an awkward position: As a member of the Senate Judiciary Committee and the chairman of the National Republican Senatorial Committee, he doesn’t want to be seen as using the nomination for purely political purposes.

“You know, we’re just going to do our job under the Second Amendment: Section 2 of Article 2 of the Constitution, to advise and consent,” Cornyn said. Referring to the NRSC headquarters down the street from the Capitol, Cornyn said, “I really don’t mix my jobs across the street with what we’re doing over here.”

Cornyn said he’s “comfortable” doing both jobs — and that so far, he hasn’t viewed Sotomayor’s nomination as one that would become a major issue in the campaigns.

“I think Republicans have [a] basically different approach to the confirmation process,” Cornyn said. “As I told her, we’re going to treat her with respect and treat her fairly, and that’s the kind of treatment I think every nominee would receive. But it seems to be more the exception than the rule around here.”

Cornyn's sour grapes aside, it's looking like the GOP doesn't really have a play on Sotomayor right now. Most Americans like her and think she would make a fine Justice, and most importantly neither side sees the calculus of the court changing with Sotomayor replacing David Souter in October.

For now anyway, the GOP is looking to let this battle pass. They have their sights set on much bigger contests.