I think that Sonia Sotomayor is a very strong nominee. As has been pointed out numerous times, she has more experience than any nominee in history. Her rulings are generally seen as pretty moderate. She has completely kept her cool throughout the entire questioning portion of the hearings. She has said all the right things. There is very, very little chance that she won’t be confirmed.

And so, the Republican senators have been forced to work with whatever negatives they can find about Sotomayor. Namely, her one speech that included the now-famous comment about a “wise Latina woman.” GOP Senator Lindsey Graham told her “don’t go into speechwriting if the law thing doesn’t work out,” and if I’m sure she deeply regrets making that speech.

Sotomayor’s comment implied that she thought it was okay for judges, in some cases, to rely on their backgrounds in ruling on cases, and not just rule objectively. Sotomayor clearly distanced herself from that statement during the hearings, saying that she would rule based on law alone.

Also brought up was a statement President Obama made during Chief Justice John Roberts’ confirmation hearings. Obama said this:

The problem I face… is that while adherence to legal precedent and rules of statutory or constitutional construction will dispose of 95 percent of the cases that come before a court… what matters on the Supreme Court is those 5 percent of cases that are truly difficult. In those cases, adherence to precedent and rules of construction and interpretation will only get you through the 25th mile of the marathon. That last mile can only be determined on the basis of one’s deepest values, one’s core concerns, one’s broader perspectives on how the world works, and the depth and breadth of one’s empathy.

It’s interesting to note that Sotomayor said point-blank that she disagreed with Obama about this issue, and I think it was with that answer that she sunk the GOP ship. Her open disagreement with the president who nominated her about objectivity made the Republicans’ main objection to her – that she wasn’t objective – seem silly.

But the question still stands: should judges take Obama’s advice and take their values and perspectives into account in “the 26th mile,” or should they answer only to the law, acting more like umpires in a baseball game (another oft-mentioned analogy)?

In a perfect world, judging would be as easy as umpiring. The law would be perfectly clear about everything, leaving no gray areas. It would even be possible to process the law and hand down decisions with a robot.

But I think that the fact is that the law isn’t always as clear as balls or strikes, and I agree with Obama that in those kinds of cases it is acceptable for a judge to rule more subjectively. There’s a reason that so many Supreme Court cases end up 5-4.

At the same time, however, I think that it’s of utmost importance to keep subjective opinions out of the 95% of cases in which the law is clear. It would be a disaster for our legal system if judges began to rule on most cases based on empathy or personal beliefs instead of the law.

So while I don’t then agree with Sotomayor that a judge must be objective 100% of the time, I do think that she’s going to be an excellent justice.

By the way, you can read more specific reactions I had to Sotomayor and the committee on Twitter, where I tweeted live during the hearings.

1. The Good-Bye Government Possibility. First, let’s look at it at face value. It could be, as Palin said, an attempt to create change outside of government. I can definitely see her going around the country, speaking, writing books, and supporting conservative ideals, but never running for office again. I think that this is the best choice for her: she can still be influential without actually having to win any races.

2. The GOP Cheerleader Possibility. From here, she could also go on as a supporting role for the GOP. She could campaign for republican candidates, be kind of a behind the scenes woman. Her position wouldn’t be too different than Newt Gingrich’s. Again, this would let her continue to be influential while not actually being in government.

3. The Get Ahead for 2012 Possibility. Of course, there’s the possibility that this is all just a way for her to get a head start for 2012. Being governor of Alaska isn’t really conducive to campaigning for president, and the extra year or so she gets from stepping down early will let her gain momentum ahead of candidates like Romney or Huckabee. If this is the case, I think she’ll come to regret her decision: running against a popular incumbent without even a term as a governor to her name is not a good situation for her – or the GOP – to be in. Palin’s lack of experience has always been her weakest point, and her latest move makes things even worse.

4. The Get Out While she Still Can Possibility. Another possibility is that she is getting out of the governor’s office while she still can. Her ratings are far lower than they were before she ran for VP, and ongoing ethics investigations aren’t making anything better for her up in Wasilla. If she was planning to not run for reelection in 2010 in order to campaign for 2012, it could be seen as an admission that she couldn’t win reelection. That would be a disaster for any future presidential campaign. I don’t think, however, that, as some have suggested, she is running from another scandal. If so, we would have heard something by now, at least a leak.

5. The Prepare for a Future Election Possibility. Finally, there’s the possibility that she’s taking some time outside the spotlight to run in 2016 or later. I’ve heard this compared to Richard Nixon’s move in 1962, when he left politics after losing a race for the governor of California (he had earlier lost the 1960 presidential election to Kennedy). Nixon took the time between 62 and his subsequent run and victory in the 68 presidential election to repair his damaged media image, forge stronger ties with the right, and campaign for others. This time off helped him a lot in 68. Palin could do the same: grow her base, write a couple of books, travel the country, and prepare herself a little more for the next election. It wouldn’t be experience in government, but it would still be good for her. An added bonus is that she wouldn’t have to run against Obama. My only question in this situation is why quit now? If I were her, I would at least want to have one term as governor under my belt.

It will be interesting to see what Palin does now. This one decision could impact the rest of her political life – for better or for worse.