The framework of the forthcoming battle over Barack Obama's Supreme Court pick began to materialize on Sunday, as a range of Republican officials sent out trial-balloon criticisms of a pick that is likely weeks away from being announced.

Talk of a filibuster was not directly addressed or, for that matter, ruled out. Republicans on the talk show circuit repeatedly noted that Obama himself had voted against cloture on the nomination of Samuel Alito in late January 2006.

"They need to get back to interpreting the law, and ultimately too many times lately they point to international law instead of the U.S. Constitution," Sen. John Ensign said when asked about holding up the nominee, during an appearance on Fox News Sunday. "We need to get back to what the Supreme Court is supposed to be about."

As for the president's process of selecting a nominee, GOPers were already sounding alarm. Sen. Orrin Hatch, who formerly chaired the Judiciary Committee, said that the broad standards that Obama had laid out for a Court pick -- including the quality of empathy -- were tantamount to committing himself to an "activist judge."

I really do love the Republican definition of "Activist Judge."  When a right-wing judge on the bench makes a questionable ruling that advances the conservative point of view it is just applying the law in a strict fashion.  But when a judge's ruling is seen as liberal they start screaming about judicial activism.

One of the architects of "Strict Constructionism," the conversative judicial theory that if it is not found in the actual text of the constitution it does not exist is Justice Scalia.  He is a hypocrite that registers off the charts when he decides to base his legal opinions on this theory.  A few breif examples include Executive Privilege, State Secrets Privilege.  They appear nowhere in the Constitution, yet Scalia regularly upholds them.  For Habeus Corpus, the Constitution lays out very specific instances when it can be set aside.  Scalia has routinely ignored this, along with numerous other conservatives. 

I expect a big fight from the right over Obama's nominee.  7 out of 9 current justices on the Supreme Court were appointed by Republican presidents.  In light of their total demise in the political realm, the Supreme Court is the last place Republicans control.  They will not give it up without a fight.  Hopefully Obama is ready and willing to engage.