So in his questioning he did challenge Sotomayor, but on technical issues — and expressed them so technically — that he may have basically discouraged reporters from covering anything in depth — because even if they understood the points he was making, they knew they could never explain them.

Some Republicans realize how their opposition to Sotomayor has hurt them. They know the political necessity of ‘putting up a noble, doomed fight for principles’ but they’d rather not have this being the story of the week — given how those principles come across to non-Republican ears.

(Oops, Floyd also said the ‘Founders wanted nine Justices’ but they didn’t. The number was originally five, I believe, was as low as four, and went to ten briefly during the post-Civil War period.)

Interesting point, Souter had the exact opposite ‘life experience’ than Sotomayor but became so prominent a liberal that we only hope she matches him.

I am splitting my attention between the live tv broadcast and the radio coverage on WNYC — the local NPR station. Brian Lehrer is the host, and has already pointed out Sessions’ racist history and, during a break, has discussed William Brennan — I had forgotten that Sotomayor was taking the seat that once was his. If you get a chance to hear some of his coverage — I think it only goes until 12:00 — I would advise it.