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The marketing of Sonia Sotomayor

She hasn't ruled on hot-button issues, which puts her in a middle position - for now, anyway.

By Staff writer / May 28, 2009

President Barack Obama embraces U.S. Court of Appeals Judge Sonia Sotomayor after announcing her as his Supreme Court Justice nominee to replace retiring Justice David Souter, at the White House in Washington on May 26, 2009. If Sotomayor is confirmed she will be the first Hispanic women to serve on the Supreme Court.

Kevin Dietsch/AP

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Washington

Liberal activists who have expressed reservations about Supreme Court nominee Sonia Sotomayor have done her a favor.

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Instead of coming across as an unalloyed darling of the left, cheered by liberals and scorned by conservatives, she is now politically positioned in the “middle” -- exactly where a high court hopeful awaiting confirmation hearings wants to be.

Reaction to Judge Sotomayor has not been uniform among liberal groups that often make common cause, in large part because she does not have an extensive track record on many hot-button issues.

On abortion rights, the group NARAL Pro-Choice America came out immediately after Judge Sotomayor’s nomination with a letter urging senators to question her on Roe v. Wade, the foundational abortion-rights ruling of 1973. Sotomayor has ruled on abortion-related matters -- sometimes against the pro-abortion rights side -- but never on the core holding of Roe, that the Constitution protects the right to abortion as a matter of personal liberty.

Sotomayor’s position on gay rights has also never been clearly stated, and thus some gay rights groups are reacting the same way: Show us the love in your confirmation hearings, then we’ll love you back without reservation. Other controversial areas where Sotomayor does not have an extensive track record include the death penalty, church-state separation, and presidential power.

Ironically, then, this nominee with long judicial experience -- more than 16 years on the federal bench and participation in some 450 decisions -- is in a way a “stealth candidate.”

That raises the specter of David Souter, the justice she aims to replace, who was nominated to the court in 1990 by a Republican, President George H. W. Bush. Justice Souter came to Washington with a scant paper trail, and was assumed to be a reliable conservative but turned out to be the exact opposite. The first President Bush never lived it down. President Obama hardly seems headed for the same fate.

For every activist withholding enthusiasm for Sotomayor’s nomination, there are many times more liberal leaders waxing poetic about the prospect of the first Latina on the Supreme Court and about how her up-by-the-bootstraps life story will inform her jurisprudence.

Anthony Romero, the executive director of the American Civil Liberties Union, wrote on his blog the day after Sotomayor’s nomination that “while the ACLU does not officially endorse or oppose US Supreme Court candidates, I have never been personally prouder of any appointment.”