And of course, now the Republicans will accuse Obama of imposing a litmus test, since anything he does is evil:

The White House scrambled yesterday to assuage worries from liberal groups about Judge Sonia Sotomayor's scant record on abortion rights, delivering strong but vague assurances that the Supreme Court nominee agrees with President Obama's belief in constitutional protections for a woman's right to the procedure.

Facing concerns about the issue from supporters rather than detractors, White House press secretary Robert Gibbs said Obama did not ask Sotomayor specifically about abortion rights during their interview. But Gibbs indicated that the White House is nonetheless sure she agrees with the constitutional underpinnings of Roe v. Wade, which 36 years ago provided abortion rights nationwide.

"In their discussions, they talked about the theory of constitutional interpretation, generally, including her views on unenumerated rights in the Constitution and the theory of settled law," Gibbs said. "He left very comfortable with her interpretation of the Constitution being similar to that of his."