The only down side is Kennedy writing the opinion. I wanted her ripped a new one.
What and create a new hazardous waste site?
Kennedy writing the opinion is an upside, imho. While I, too, would have loved to have seen her excoriated, the Dems will have a harder time selling this as a conservative lynching. Won't stop them from trying, but they'll look more foolish (than normal) doing so. For any of the Senators on the fence about Sotomayor--who have their doubts about her but are cowering weenies afraid of being painted as racist or sexist--this Kennedy opinion gives them cover, if they'll take it. It's the perfect platform from which to launch into her 60% overturn rate.