Judge Sotomayor must be confirmed by the Senate and unless we have a major revelation, she will be. You ask, what is the harm? In many peoples eyes, this is what the past election was all about - the control of the Court. By this I mean, whether the Court would be dominated by those justices who interpret the Constitution as it is written or by those justices who find penumbras on amendments that never existed. The control of the Court has been the issue in the past two presidential elections. It is quite possible that one or two other justices may retire after this term.
If we really want dialogue, the question I would ask, is why lady justice is wearing blindfold and why are her scales balanced? Would they remain balanced if the blindfold is off?