Wouldn’t it be nice if the right were interested in getting the best person onto the Court instead worrying about litmus tests on primarily religious-based issues?
If President Obama nominates Judge Diane P. Wood to the Supreme Court, conservatives plan to attack her as an “outspoken” supporter of “abortion, including partial-birth abortion.”
If he nominates Judge Sonia Sotomayor, they plan to accuse her of trying to “expand constitutional rights beyond the text of the Constitution.”
And if he nominates Kathleen M. Sullivan, a law professor at Stanford, they plan to decry her as a “prominent supporter of homosexual marriage.”
Preparing to oppose the confirmation of Mr. Obama’s eventual choice to succeed Justice David H. Souter, who is retiring, conservative groups are working together to stockpile ammunition. Ten memorandums summarizing their research, obtained by The New York Times, provide a window onto how they hope to frame the coming debate.
The memorandums dissect possible nominees’ records, noting statements they find objectionable on issues like abortion, same-sex marriage, the separation of church and state and the propriety of citing foreign law in interpreting the Constitution.
While conservatives say they know they have little chance of defeating Mr. Obama’s choice because Democrats control the Senate, they say they hope to mount a fight that could help refill depleted coffers and galvanize a movement demoralized by Republican electoral defeats.
Here are some of the cases to be decided on this summer. What kind of judge would you want deciding them?






















