One of the names circulating is former Stanford law school dean Kathleen Sullivan, a top constitutional law scholar and open lesbian. Sullivan is also a gay rights activist – she filed amicus curiae briefs in some of the most important Supreme Court cases involving our rights, including Bowers v. Hardwick and Lawrence v. Texas.

If Sullivan is appointed, we’re guaranteed to have a voice. Otherwise – appointments are always crapshoots. They don’t always turn out the way Congress, the people, or the President expect.

Some have speculated that Souter, a life-long bachelor, is himself gay. http://www.glapn.org/sodomylaws/lawrence/lwnews014.htm  But bloggers have only turned up girlfriends, which makes it likely he is not. However, some think that the possibility that he might be gay has led the court to be more moderate on gay issues, so that they don’t offend this very secretive justice.

How does the process work? Obama will nominate someone, likely before the end of June. She or he will be vetted by the FBI and then interviewed by the Senate Judiciary Committee. The media will go insane trying to predict what her or his votes will be on crucial issues. Then the full Senate will vote – Supreme Court nominees need only 51 votes to be appointed for life.

Bottom line: Unless she or he has some hidden dark secret, Obama’s nominee will be confirmed. And she or he likely won’t significantly change the liberal/conservative makeup of the court, meaning that we will still have to hold our breath that the swing vote will sway our way.

Jennifer Vanasco is the editor of 365gay.com and an award-winning, syndicated columnist in the gay press. Follow her on Twitter.com/Jennifer Vanasco. Ask her questions for Ask the Expert at jennifer.vanasco@gmail.com.