What I can add to the debate is an encyclopedic knowledge of The West Wing. I am increasingly comforted by how reality seems to be bending to become more Sorkin-like. First President Obama names Josh Lyman to be his Chief of Staff, now this:

Fans of the show will remember that during the first season President Barlet nominated Judge Roberto Mendoza to replace retiring Justice Joseph Crouch. Mendoza, also a Hispanic from New York, didn’t have the same educational credentials as Judge Sotomayor he had a more compelling life story. 

There was one nomination-crippling issue for Judge Mendoza. During the nomination process he was arrested (falsely) for drunken driving while on vacation with his family. However, White House aides were able to cover up the arrest before it became public. Mendoza was confirmed and President Bartlett considers the appointment one of his proudest accomplishments while in office. So don’t be confused if you see David Axelrod and Robert Gibbs in a rented van on the Merritt Parkway, they are there on business. 

Editors Note: Hardcore fans of the show will remember that President Barlet also successfully appointed a woman to the Supreme Court. During season five, in an episode called The Supremes, he nominated both the ultra-liberal Glenn Close and the ultra-conservative Guy from “Invasion” as part of a deal with Republican Senators. Apparently the nominations went flawlessly as they were never mentioned again. I thought this device and episode were stupid so I have decided they are not canon.