Sonia Sotomayor would be the first Hispanic justice and the third woman on the court, but in at least one respect she would not bring diversity to the court. She will, if confirmed, continue a growing pattern of filling the Supreme Court with sitting appellate judges.

At an American Constitution Society discussion yesterday on the Sotomayor nomination, panelists debated the pros and cons of selecting potential justices in the mold of former Chief Justice Earl Warren (see video of the event below). Warren was governor of California before President Dwight D. Eisenhower nominated him to the court in 1953.

Ed Whelan, president of the Ethics and Public Policy Center and contributor to National Review Online's Bench Memo blog, pointed out that presidents often look outside the "judicial monastery" when they're initially seeking nominees, but they ultimately settle upon an appellate judge because the circuit bench simply offers the best place for nominees to hone the skills needed for the high court.

Whelan hearkened back to Bill Clinton's flirtation with the idea of nominating then-New York Gov. Mario Cuomo in 1993 before he ultimately decided on Ruth Bader Ginsburg, who at the time was a judge for the Court of Appeals for the D.C. Circuit. Whelan also noted George W. Bush's botched nomination of White House counsel Harriet Miers.

Whelan disparaged the idea of appointing politicians to the court. "The worst idea of all would be to nominate a U.S. senator," he said. "And that's an entirely bipartisan comment."

But New York law professor Cristina Rodriguez disagreed. "It's not just about going outside the judicial monastery," she said. "It's also important to have someone with legislative experience." She added that the court would need just one, not nine, politicians on its bench.

The panelists threw out some names as possible non-judge nominees when or if Obama gets a second go at the Supreme Court, including some who made it onto our long list this time around: Homeland Security Secretary Janet Napolitano, Secretary of State Hillary Rodham Clinton and Massachusetts Gov. Deval Patrick.