Does Obama Have Enough Political Capital to Nominate a Lesbian for the Supreme Court?

Two of the ugliest words in politics (imho) are "political capital," because they generally are used when a group is about to be thrown under the bus.  We've heard it used in debates about overturning "Don't Ask, Don't Tell," as well as when it comes to other LGBT rights issues, like repealing the Defense of Marriage Act.

Now we're seeing the phrase used once again, in commentary about who President Obama will pick to replace Justice David Souter on the U.S. Supreme Court.  Justice Souter announced his retirement last week, and now the vultures are circling, trying to decipher who Obama might pick.

There's Sotomayor, Kagan, Granholm, Wood, Wardlaw and a host of others that folks are talking about.  But gay rights groups, including the Gay and Lesbian Victory Fund and EqualRep.com, are hailing another potential candidate who should shatter the glass ceiling when it comes to the "all-straight" club known as the U.S. Supreme Court.  Her name is Kathleen Sullivan.

Sullivan, who is openly gay, is a prominent constitutional law scholar with one of the best reputations in legal academia.  She's a former Harvard Law School Professor, a current Stanford Law Professor, and the former Dean of Stanford's Law School.

According to Denis Dison of the Gay and Lesbian Victory Fund, the time is now for someone like Kathleen Sullivan to be nominated.  Dison told Politico: "I think the [LGBT] community was hopeful we would see the first openly gay or lesbian Cabinet secretary and that didn't happen, which was a little disappointing.  The same thing is happening now with the Supreme Court vacancy. ... It's not so much we want to check that box at the Supreme Court level, but that achievement would be breaking the glass ceiling in a huge way."

And EqualRep.com says: "Kathleen Sullivan is hands down one of the most qualified candidates. She is a Marshall scholar and former Stanford Law dean whom constitutional law legend Laurence Tribe once called 'the most extraordinary student I had ever had.'  She is the author of the nation’s leading casebook in constitutional law, has litigated before the Supreme Court, and has been named one of the 100 most influential lawyers in America by the National Law Journal."

Sounds like an impressive resume, and someone that could certainly fill the shoes of Justice Souter.  But there's that pesky question: Does Obama have enough political capital to nominate a lesbian Supreme Court Justice as his first appointment to the Court?  Or, even if he has enough political capital, would the cautious Obama be willing to use it?

And therein lies the question.  Groups on the fringe right are already sounding the warning bells.  Tony Perkins from the "Family" Research Council said that Obama would be biting off more than he can chew with a lesbian Supreme Court nominee.  "I think that would be a bridge too far for him to be honest because that would enter a whole new element into the debate that I don't think he's ready for.  A parallel to that would be Bill Clinton's gays in the military battle, which really hurt his agenda from that point forward."

So how about it?  We all get that sexual orientation shouldn't even be a factor in determining whether someone is qualified or not qualified for the U.S. Supreme Court.  But the radical right-wing, desperate for something to help them organize, would likely be all too keen to exploit a nominees sexual orientation.  Does Obama have the courage to face that, and nominate someone as qualified - and someone who would certainly diversify the Supreme Court - as Kathleen Sullivan?