Why is the question should the senate reject it based on it being President Obama's nomination? Reject it based on the values of the nomination. Does the nominee value the constitution or is he/she more progressive or conservative? If they see all people as equal and deserving of rights then accept the nomination. What if the people voted on these nominations instead of politicians who obviously favor their side over the other? Or we could just leave it at 8 since I he first SCOTUS was set at 6.