Senators have been focusing too narrowly on Sonia SotomayorSonia SotomayorJustices bar Mexican parents from suing over fatal cross-border shooting of teen Supreme Court upholds death sentence for Arizona man Trump suggests Sotomayor, Ginsburg should have to recuse themselves on 'Trump related' cases MORE's positions on social issues and not enough on the impact she might have on free enterprise, Sen. David VitterDavid Bruce VitterThe biggest political upsets of the decade Red-state governor races put both parties on edge Louisiana Republicans score big legislative wins MORE (R-La.) said today.

"This narrow focus on Justice Souter's rulings on social issues has led to the claim that Mr. Obama is merely trading one liberal for another," Vitter wrote in a Washington Times op-ed.

"But there were other areas, such as those affecting free enterprise, where Justice Souter's decisions were much more constrained and deferential to government's two other branches, specifically relating to determinations that markets needed to be protected from overreaching liability, litigation risk or federal regulation," Vitter continued.

Vitter is one of the most socially conservative members of the Senate. His emphasis on free enterprise might signal the GOP hopes to avoid a polarizing confirmation hearing that focuses on abortion, an issue where Sotomayor has a slim record anyway.