From back in 2003.  (The late Justice Scalia did better in a similar case.)  Obama has never been very interested in the Supreme Court, i.e., he has never been intent on reshaping it into the liberal analogue of Scalia's court, so it is not surprising that he has chosen a "path of least (potential) resistance" nominee, who will be more like Justice Kennedy or Justice Breyer than like Justice Alito on the right or the late Justice Brennan on the "left."