His selective concern for diversity has resurfaced:

[O]f the last seven justices nominated by Democrats JFK, LBJ, Bill Clinton and Barack Obama, one was black, Marshall; one was Puerto Rican, Sonia Sotomayor. The other five were Jews: Arthur Goldberg, Abe Fortas, Ruth Bader Ginsberg, Stephen Breyer and Elena Kagan.
If Kagan is confirmed, Jews, who represent less than 2 percent of the U.S. population, will have 33 percent of the Supreme Court seats.
Is this the Democrats' idea of diversity?

I think I prefer it when conservatives defend strict meritocratic color-blindness and bash diversity, rather than try to apply their version of it.