Sotomayer is a waste of time. Hobby Lobby can now take their case to another SCOTUS member.
But if they challenge Sotomayor’s ability to be on SCOTUS they also challenge Kagan’s. And if Sotomayor and Kagan are out because they were nominated by somebody who couldn’t “act as President”, then the whole balance of the court changes in hearing the Obamacare issue.
It could almost be called a gift of God that Sotomayor did this, because it gives the golden opportunity to immediately confront Obama and eventually ALL his illegal nominations and appointments.
The other thing is that if the challenge is directly to Sotomayor, and Kagan is mentioned in the same motion, those two would HAVE to recuse themselves immediately. Which immediately changes the balance of EVERYTHING at SCOTUS. That’s why I say having Sotomayor make the denial could be a lifeline gift from God.