Rig, while Sotamayor's gender and ethnicity were probably weighed as factors, that does not mean she was not chosen for her qualifications -- which are extensive (far beyond those of Clarence Thomas, for one). Thomas was clearly chosen largely because of being a conservative African-American, thus pretty much insuring that the Democrats wouldn't dare vote against him unless they could find some scandal like the Anita Hill thing. He basically refused to answer any pertinent questions about law or politics and did not have a track record on which to evaluate him. Had he not been a minority, the Democrats probably would not have voted to confirm him.