
If he does, it may be the most controversial thing the new president has done to date. There is a potential corollary to Bill Clinton's effort to end discrimination of gays and lesbians in the military at a time that was later deemed too early, and in a manner that was too visible. The end result was one of history's worst "compromises:" the policy known as (and still in effect) Don't-Ask-Don't-Tell.
However, there is no way to time a Supreme Court opening and no way to fill a vacancy on the high court in a discrete manner. It will be interesting to how Obama acts. If he makes a bold move, such as nominating Prof. Sullivan, who is a lesbian, or fellow Stanford law professor, Pam Karlan, who is also a gay woman, it will put this president down in the history books for one more first...and why not; it's beginning to feel like the 21st Century has finally arrived.