With the confirmation hearings for Supreme Court Nominee Sonia Sotomayor not scheduled until mid-July, Congressional Republicans have ample time to build their case against the first Justice of the Obama era. But will they? Absent any as-yet-nonexistent political scandals, the GOP will face an uphill battle against the federal appeals court judge.

Since Justice Souter announced his departure from the high court earlier this month, Sotomayor, 54, became an immediate frontrunner for the vacant seat, due in part to her “extraordinary journey.” Claims about Justice Benjamin Cardozo’s Portuguese roots aside, Sotomayor will be the first Latina to serve on the Court and the third woman. She is an alumna of both Princeton and Yale, and has received Senate approval twice since becoming a part of the federal judiciary. Obama’s hoping that Sotomayor’s personal history will buttress her sterling academic and judicial record as she enters the infamously grueling confirmation process over the summer.

There is discussion in the Republican party over whether a harsh confirmation process might be worth the inevitable loss of political capital among Latino voters, a voting block that the GOP has been struggling to court. Latinos are the fastest growing constituency in America, and failing to gain the support of Latino voters could be dangerous to Republicans left reeling from last year’s elections. As Republican consultant Phil Musser put it, “Republicans who pick a fight with an up-from-the-bootstraps Hispanic woman do so at their own peril, and should only do so for a very, very good reason.” More than a few pundits have suggested the GOP hold its fire for Obama’s next nominee, whenever that opportunity may come–just as Dems did with the popular Roberts and not-so-popular Alito.

Though treading delicately, Conservatives have been able to attack Sotomayor on her record by painting her as an activist, from-the-bench legislator. The focus has already been put on her decision in Ricci v. New Haven from her time as a judge on the Second Circuit. In her most controversial decision, Sotomayor served on a panel of judges that ruled in favor of eliminating tests to evaluate New Haven firefighters for promotion because the test seemed to disfavor black candidates. Opponents have also looked at past interviews in which Sotomayor said that her gender and cultural heritage play a role in her jurisprudence.

Given Sotomayor’s sterling record and the political minefield that the GOP faces, it is very likely that Justice Sotomayor will take her seat at the high court before the Congress leaves for its summer break in early August.

photo credit: vgm8383’s Flickr photostream (Creative Commons)