The president will probably just stick with the formula that has served him so well over five years of judicial selections, including the choice of Chief Justice John Roberts. That is to pick a nominee with sterling legal credentials, weighty judicial experience and a transparent public record.

The vote shows that a strong, unapologetic, judicial conservative in the mold of Justices Antonin Scalia and Clarence Thomas can not only be confirmed without filibuster but can actually pick up Democrat votes.

The vote was 10-8 the day President Bush nominated him, the vote was 10-8 when the hearings began, the vote was 10-8 yesterday, and the vote is 10-8 today.

The president promised in two campaigns to nominate justices who will faithfully uphold the text and principles of the Constitution. One would expect the president to nominate more exceptional judicial conservatives like Judge Roberts for as many vacancies as occur, whether it is two, three, or more.

Judge Sotomayor is a liberal judicial activist of the first order who thinks her own personal political agenda is more important that the law as written.

If I wanna be president, I probably can.