In relation to (2) I will be looking for some memorable grand-standing by the Republicans on this perception which can be pointed to for years to come.

Something that makes even the most committed Republican cringe.  And makes Dems create ridiculing T-shirts and bumper-stickers.

And who said confirmation hearings can't be fun?

SEN. THURMOND: A former Supreme Court justice had expressed his view of Constitutional interpretation as fol-
lows, and I quote, we look to the history of the time of framing of the Constitution, and the intervening history of inter-
pretation.  But the ultimate question must be, what do the words and the text mean in our time?  End quote.
 Do you agree with this statement?

MS. SOTOMAYOR: No, sir.  Not fully.
 I agree with the first two parts of it.  If you look at the Constitution and what it meant at the time.  The last suggests that
I would be trying to change it's meaning today.  And no.
 I think the first two would inform what the last results should be, which is what does it mean today, and how to apply
new facts to that, if the issue is new facts.

[. . .]

 SEN. SESSIONS: And if we -- Judge Sotomayor, if you -- would you agree that if we respect that Constitution, we
have to enforce it, the good and bad parts?
 MS. SOTOMAYOR: Absolutely, sir.
 SEN. SESSIONS: Even if we don't agree with a part of it?
 MS. SOTOMAYOR: Absolutely.

 SEN. SESSIONS: And we really undermine and weaken that Constitution when we try to bend it to make it fit our con-
temporary feelings of the moment?
 MS. SOTOMAYOR: Sir, I don't believe we should bend the Constitution under any circumstance.  It says what it says.  
We should do honor to it.

[. . .]

 SEN. ASHCROFT: Do you believe that there's a constitutional right to homosexual conduct, by prisoners?
 MS. SOTOMAYOR: No, sir.  There isn't.  Case law is very clear about that.
 The only constitutional right that homosexuals have, is the same constitutional right every citizen of the United States
has, which is not to have government action taken against them arbitrarily and capriciously.  The Supreme Court said
that last term, in Evans v. Romer (sp).  But outside of that, that's a basic constitutional right, not to them in particular,
but to the world that constitutes the US.
 SEN. ASHCROFT: Do you think there should be one, a special constitutional right.
 MS. SOTOMAYOR: I don't think that we should be making constitutional rights any greater than they exist right now.  
The Constitution should be amended sparingly, sir, as it has been throughout our history.
 It is something that should be done only after much history and much thought.
 SEN. ASHCROFT: Do you agree with the amendments that have been made to date?
 MS. SOTOMAYOR: Yes, sir.  It's the document that I live by.
 SEN. ASHCROFT: I agree with them.  And think it's good that they were amended.  So, I, you know, I accept the
process.
 So, in your judgment, you wouldn't read additional rights into the Constitution, like a right for homosexual conduct on
the part of a prisoner.  
MS. SOTOMAYOR: I can't do it, sir.  I can't do it because it is so contrary to what I am as a law-
yer, and as a judge.
 The Constitution is what it is.  We cannot read rights into them. They have been created for us.
 SEN. ASHCROFT: The Constitution then, as a matter of policy, you would like see protected?
 MS. SOTOMAYOR: I never thought about that in a while, sir.  I know--
 SEN. ASHCROFT: My time's not up.
 MS. SOTOMAYOR: I think I --
 SEN. ASHCROFT: In your opinion, do you think Congress has the right, constitutionally, to restrict the jurisdiction of
the lower federal courts?
 MS. SOTOMAYOR: You know, I haven't examined that question in the longest time.  But I can't, I'm not thinking, we
were created by legislation of Congress, so I would think that if Congress created it, Congress can take it away.
 What you can't do is take away that which the Constitution would give the courts.  I think that was established in Mar-
bury v. Madison. But after that, not looking at the question, or studying it in depth, I can't give a better answer than that.
 SEN. ASHCROFT: Thank you.  That will be all.  Thank you.