Reuters goes out on a limb:

If Obama does nominate Sri Srinivasan, Senate Republicans will have considerable evidence to argue he’s not as “moderate” as his press clippings suggest.

Srinivasan ruled in favor of government requirements on commercial speech, ruled the government can broadly make decisions based on race and gender, ruled that the Labor Department can impose wage and hour regulation on home-health-care providers, and perhaps most ironically, he ruled against the Environmental Protection Agency… on one of the rare times the EPA tried to change the implementation date of a regulation in response to industry objections.