Loretta Lynch by all rights should be sworn in as the nation’s next attorney general.

President Obama made the announcement today nominating the New York U.S. attorney to the post.

http://www.cnn.com/2014/11/08/politics/attorney-general-nominee-loretta-lynch/index.html?hpt=hp_t2

Of course, there are a couple of wrinkles attached to it. One of them is worth supporting, the other is utter nonsense.

Lynch would replace Eric Holder as AG. She’s already drawn the support of one key Republican, Sen. Lindsey Graham of South Carolina, who says Lynch is “qualified.” Well, of course, she’s qualified. She’s been approved overwhelmingly twice by the Senate to U.S. attorney posts and there appears to be little reason to oppose her now as the nation’s next top lawyer.

Here come the wrinkles.

Republicans are insisting the new Senate, which will be run by the GOP, needs to confirm Lynch. That’s the correct call. Lame-duck Democrats who either are retiring or who lost their seats in the mid-term election need not vote on this appointment. Let’s have the new Senate make this call and let us also hope that Republicans who run the upper chamber will give Lynch a “fair hearing,” which the new majority leader, Mitch McConnell, has vowed.

The second wrinkle amounts to a litmus test.

It comes from two tea party Republican senators, Ted Cruz of Texas and Mike Lee of Utah, who want Lynch to declare right now whether she believes any potential presidential executive action on immigration is “legal and constitutional.” If she doesn’t tip her hand, does that mean Cruz and Lee will oppose her outright? If she believes the president would be acting legally and constitutionally, does that doom her appointment?

These two men appear to be seeking the “right” answer to the question, which is a litmus test by any definition.

How about examining the scope and breadth of this lawyer’s distinguished career?

By my reckoning, she’s earned her spurs and should be confirmed.