He’s a dyslexic white firefighter from New Haven, Conn. who spent his own time and money studying for an exam that was supposed to determine who would be promoted. He passed the test, along with 18 other white firefighters and one Hispanic. But, since no blacks passed, the city decided to throw the test results out.

Ricci sued, claiming this violated his right to equal treatment under the law, the very thing so many senators claim to be interested in protecting. Sotomayor was part of a three-judge panel that ruled against Ricci. The panel issued a terse decision that another appellate judge, Jose Cabranes, complained about, saying it contained “no reference whatsoever to the constitutional issues at the core of this case.” The Supreme Court is now considering the case.

This should matter to Sen. John Kerry of Massachusetts as well. “We cannot put someone on the Court who makes access to justice harder and more illusive,” he said three years ago. “We cannot put someone on the Court who will fail to serve as an effective check on excessive executive power.” With the Ricci case as a yardstick, it looks as if Kerry and Schumer will be voting no.

In fact, there might be only one Democratic senator who approves Sotomayor.

“I can’t believe the President searched the country and was unable to find a qualified female nominee,” Sen. Harry Reid of Nevada said in 2006. And, “for the third time, this president has turned down the opportunity to make history by nominating the first Hispanic to the Court. How much longer must Hispanics across America wait before they see someone on the nation’s highest court who shares their ethnic heritage and their shared experiences?”

Well, Obama’s pick certainly has the “right” gender and ethnicity. Sen. Reid has made it clear that those attributes are more important to him than mere legal qualifications. He’ll certainly be a “yes” vote.

Let’s see how many other members of his caucus agree. Because if they stick to their principles -- outlined at length just three years ago -- Sotomayor doesn’t seem to stand a chance of confirmation.