Assuming Judge Sotomayor had not been involved in the lower-court decision and thus would not have had to recuse herself from today’s vote, the 5-4 split on the New Haven case would still have been a 5-4 split.

Justice David Souter (whom Sotomayor would replace, if confirmed) voted with the other three dissenters: Ginsburg, Breyer, and Stevens.

So remind me, why does the right wing have its shorts tied in a knot about Sotomayor? She’s not replacing conservative stalwarts Thomas, Roberts, Alito, or Scalia. She’s not even replacing the swingvoting Kennedy.

Right-wing angst on this subject is nothing more than a dissent in search of an issue … where none exists.