Will "outing" be a Supreme Court confirmation strategy?

A posting on both Feminist Law Professors and Gender & Sexuality Law blogs by Professor Katherine Franke reminisces how, when unmarried David Souter was nominated to the Supreme Court, at least one of the so-called progressive organizations opposing his nomination considered outing him, although of course no one knew if he was gay. Franke warns some more of that could be coming our way. Two of the women being touted , Elena Kagan and Janet Napolitano, are unmarried (gasp! remember Janet Reno, compelled, in her mind at least, to disclose her attraction to men?) and Kathleen Sullivan is an out lesbian, reports Franke. “You can be sure that the Republican members of Congress and the advocacy groups lining up to oppose any Obama appointee are strategizing how to raise the 'gay' issue with Kagen, Napolitano and Sullivan (the conservative blogosphere is already well down that road). 2009 isn’t 1990 - and the mere suggestion of homosexuality doesn’t have the same unseemly undermining effect that it did back then. But it ain’t nothing - like not paying your taxes seems to be now. (Remember Zoe Baird?),” writes Franke. If this happens, let’s not keep silent about it.