She’s fated to be confirmed. But one may hope that the confirmation hearings will provide a “teachable moment” in which she can be brought to reflect upon the pernicious and unjust philosophy that holds that any standard which is used to determine who advances in rank on the job is null and void if the wrong people meet that standard.

The New Haven fire department wanted its firemen to know the basics of paramedic work, because so many of their calls involved that sort of situation. They offered advancement to anyone (ANYONE) who could study up and learn enough to pass a job-focused test on paramedic duties. Some people studied their hearts out, quit second jobs to spare time for study, and so on. Others weren’t much interested, but took the test on a what-the-hell basis.

In the event, the racial mix of the people who passed didn’t meet affirmative action expectations. The city voided the results, because when they said anyone, they really meant anyone with the right kind of name or skin tone, not just anyone anyone. Judge Sotomayor upheld this travesty.

She should be asked, is there any room whatsoever for merit in hiring and promotion, except as a tie-breaker in case both candidates for promotion are of the same sex, race, and economic background? If she says NO, she might not be confirmed. If she says YES, maybe she’ll abide by her answer, part of the time, as she writes opinions and decides cases.