I can't agree. I think it's a twofer against her.
The core problem is that it's a case where almost no one in the general populacesay, 30 percentwould agree with her side of the case. Only the hard Lefties agree with her, and that's for the cause of advancing Stalinism, which is a rarefied taste. The dilemma is that if you speak of her as having stood up against "racism" or something, people then ask to be told the soap-opera story of the case. And that's a deal-killer, just about any way you tell the tale.
Mention the word "affirmative action" next to "fireman" and the vast majority of people, even Democrats, start remembering an appointment across town. It has been shown in the heart of New York City that even feminists, other than a couple of their lawyers, no longer stand up for girl firemen, because they only trust burly Irishmen to carry them out of their burning walk-up apartments. This is the city where the first girl fireman, who was initially rejected (in the 1970s) on the grounds that she wouldn't be able to do things like carry ladders, sued the City once she was admitted to the FDNY. It seems she hurt her back trying to carry a ladder. No one wrote stories about her after that, even in the Times.
Then there's the matter of status. On a primitive, non-verbal level, it's a blow to be overruled, and it comes at a bad time for her. She had her long publicity run in our Bolshevik press, who pretty much ran out of things to say. Then she broke her ankle, which made her look unlucky. Nothing in reality against people who break their ankles, but this is how the masses think. And now her lazy, one-paragraph opinion gets shot down, and she starts to look like a real losernot the "strong horse" the Dems are longing for.
The result will be less energy, less attention, and less creativity devoted to the defense of this uninspiring legal bench-warmer, even on the part of her partisans. The fact that the Dems have moved up the hearings makes things even worse, because that means nowwhen she's just been shot down. And it's summer, when the Democrats will have more trouble than conservatives in mobilizing their pressure groups. Not good for Souter-meyer, and not good for Obummer.
I hope you are right.