Two basic things come immediately to mind in respect to the Sotomayor nomination. First, a nomination is a product of many things, so concern by a few (exaggerated*) she is somehow not a super genius is stupid. Second, some are upset she is too moderate, apparently forgetting who appointed her. The nomination -- including the life story and attempt to provide a bridge between different groups (the hysteria from some that she is "divisive" aside) -- is vintage Obama.
As to the Prop 8 case, anti-Prop 8 side was sure to denounce the result, which is not surprising. But, I fear (as this local article suggests) they might give the other side more credit than they deserve. A good case can be made that they won the battle, but lost the war. Even conservative blogs can point out that use of this case as a warning sign of "judicial activism" or whatever is of limited merit. As the ruling noted, same sex couples still might:
choose one's life partner and enter with that person into a committed, officially recognized and protected family relationship that enjoys all of the constitutionally based incidents of marriage
The narrowness of the effect of Prop 8 helped the majority underline how the measure was an "amendment" not a "revision," that latter needing involvement of the legislature. The label "marriage" matters, including in prestige, social cachet, and to promote true equality. The promotion of inequality, even in small ways, is a bad thing. But, civil unions (or whatever they call it) and strict scrutiny is more than New York offers. Those in the long battle for equality in this area know the importance of having perspective, realizing important victories can be incomplete.
As this ruling is protested, hopefully its effects will be put in perspective. The cheer on other side should be come with something of a bitter aftertaste.
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* The link provides a typical defense from the legal community of her brains and qualifications as a whole, including a reference to a case she joined entitled U.S. v. Santa. She is obviously anti-Christmas. Other perspectives are supplied, including a preview of the tired criticisms we will have to suffer through, likely given half-heartedly for the most part.
BTW, Obama really did not have to work hard in introducing her. Just slightly edit Bush I's remarks:
I have followed this man's career for some time, and he has excelled in everything that he has attempted. He is a delightful and warm, intelligent person who has great empathy and a wonderful sense of humor. He's also a fiercely independent thinker with an excellent legal mind, who believes passionately in equal opportunity for all Americans. He will approach the cases that come before the Court with a commitment to deciding them fairly, as the facts and the law require.
After all, he nominated the woman too. Then, many attacks can be turned around fairly easily. Some find her rulings dull, others pointing to the them to commend her attention to detail. Quotable, see Scalia, is not always worthy of quotation.