Republicans have a tough job ahead if they hope to damage the confirmation prospects of Supreme Court nominee Sonia Sotomayor when questioning resumes Wednesday in the Senate Judiciary Committee.
Lacking evidence of ideological predispositions in her judicial opinions Republicans are unlikely to get any more traction than they did Tuesday by citing her past speeches to show she is a biased judge.
And additional attempts to extract Sotomayors views on complicated constitutional questions such as property rights abortion or how constitutional provisions apply to state law appear unlikely to help the GOP build opposition to the nominee.
Republicans are expected to ask more questions about Sotomayors position on the board of a Latino legal advocacy group then known as the Puerto Rican Legal Defense and Education Fund as well as her participation in an employment discrimination case involving New Haven Conn. firefighters.
Republican Whip Jon Kyl of Arizona made clear that in his view Sotomayors explanation of her often-cited comment that wise Latina" judges would usually reach better conclusions than a white man was not satisfying."
When you read the speech carefully as I tried to do in posing my questions to her it was very clear she was doing more than inspiring the students" Kyl said after the hearings second day. She was making the case that if enough women and women judges and judges of color would be sent to the bench that the law would be changed."
Republicans also signaled that they intend to question Sotomayor further about her views on the propriety of the Supreme Court citing international law and the constitutionality of the laws of war.
But much of Wednesdays session will be dominated by friendly Democratic questioning thanks to the lopsided 12-7 majority Democrats enjoy on the Judiciary Committee.
Half the Democrats Benjamin L. Cardin of Maryland Sheldon Whitehouse of Rhode Island Amy Klobuchar of Minnesota Ted Kaufman of Delaware Arlen Specter of Pennsylvania and Al Franken of Minnesota have yet to ask their first 30-minute round of questions. Republicans John Cornyn of Texas and Tom Coburn of Oklahoma have also yet to question the nominee.
When the first round ends the committee will go into a customary closed-door session with Sotomayor to discuss the results of her FBI background check. Then Chairman Patrick J. Leahy D-Vt. will lead off a second round of questioning with each senator allowed 20 minutes.
Democrats are expected to continue rebutting Republican arguments that Sotomayor would bring personal prejudices to the bench.
The challenge Republicans face was on display during the first day of questioning when Sotomayors performance was perfectly capable if not as dazzling as John G. Roberts Jr.s responses during his 2005 confirmation hearing for the post of chief justice.
Her answers did not satisfy committee Republicans who suggested Sotomayor had experienced a confirmation conversion." But lacking an unexpected meltdown" as Lindsey Graham R-S.C. suggested during his opening statement July 13 nothing appears to stand between Sotomayor and confirmation.
Sotomayor displayed knowledge of the law humility and even temperament prompting Dianne Feinstein D-Calif. to say If theres a test for judicial temperament you pass it with an A-plus-plus."
Sotomayors repeated assurances that she does not prejudge cases and respects judicial precedent so closely tracked those of recent Republican nominees to the court that Graham quipped I listen to you today I think Im listening to Judge Roberts."
Sotomayor offered and stuck to her explanation for comments in her speeches. I do not permit my sympathies personal views or prejudices to influence the outcome of my cases" she said in response to a question from the panels top Republican Jeff Sessions of Alabama.
At another point she said I believe my 17-year record on the two courts would show that in every case I render I first decide what the law required under the facts before me and what I do is explain to litigants why the law required a result. Whether their position is sympathetic or not I explain why the result is commanded by the law."
Sotomayor also distanced herself from President Obamas statements about the need for judges with empathy.
Judges cant rely on whats in their heart" Sotomayor said. They dont determine the law. Congress makes the laws. The job of a judge is to apply the law. And so its not the heart that compels conclusions in cases. Its the law. The judge applies the law to the facts before that judge."
But Sessions said her statements are part of a larger troubling" pattern that calls her impartiality into question. Its a body of thought over a period of years that causes us difficulty" he said.
When Sessions begins the second round of Republican questioning Sotomayor will continue to employ the same sort of rhetorical tools used by Roberts and Justice Samuel A. Alito Jr. to dodge questions labeled too hypothetical or issues likely to come before the Supreme Court.
In contrast Democrats are likely to continue directing attention toward Sotomayors judicial record. Its one thing to talk about speeches you might give" Leahy said. Im more interested in cases you might decide."
Charles E. Schumer D-N.Y. cited a series of decisions in which Sotomayor ruled against highly sympathetic defendants as evidence she is not guided by empathy alone.
Keith Perine contributed to this story.
Republicans have a tough job ahead if they hope to damage the confirmation prospects of Supreme Court nominee Sonia Sotomayor when questioning resumes Wednesday in the Senate Judiciary Committee.
Lacking evidence of ideological predispositions in her judicial opinions Republicans are unlikely to get any more traction than they did Tuesday by citing her past speeches to show she is a biased judge.
And additional attempts to extract Sotomayors views on complicated constitutional questions such as property rights abortion or how constitutional provisions apply to state law appear unlikely to help the GOP build opposition to the nominee.
Republicans are expected to ask more questions about Sotomayors position on the board of a Latino legal advocacy group then known as the Puerto Rican Legal Defense and Education Fund as well as her participation in an employment discrimination case involving New Haven Conn. firefighters.
Republican Whip Jon Kyl of Arizona made clear that in his view Sotomayors explanation of her often-cited comment that wise Latina" judges would usually reach better conclusions than a white man was not satisfying."
When you read the speech carefully as I tried to do in posing my questions to her it was very clear she was doing more than inspiring the students" Kyl said after the hearings second day. She was making the case that if enough women and women judges and judges of color would be sent to the bench that the law would be changed."
Republicans also signaled that they intend to question Sotomayor further about her views on the propriety of the Supreme Court citing international law and the constitutionality of the laws of war.
But much of Wednesdays session will be dominated by friendly Democratic questioning thanks to the lopsided 12-7 majority Democrats enjoy on the Judiciary Committee.
Half the Democrats Benjamin L. Cardin of Maryland Sheldon Whitehouse of Rhode Island Amy Klobuchar of Minnesota Ted Kaufman of Delaware Arlen Specter of Pennsylvania and Al Franken of Minnesota have yet to ask their first 30-minute round of questions. Republicans John Cornyn of Texas and Tom Coburn of Oklahoma have also yet to question the nominee.
When the first round ends the committee will go into a customary closed-door session with Sotomayor to discuss the results of her FBI background check. Then Chairman Patrick J. Leahy D-Vt. will lead off a second round of questioning with each senator allowed 20 minutes.
Democrats are expected to continue rebutting Republican arguments that Sotomayor would bring personal prejudices to the bench.
The challenge Republicans face was on display during the first day of questioning when Sotomayors performance was perfectly capable if not as dazzling as John G. Roberts Jr.s responses during his 2005 confirmation hearing for the post of chief justice.
Her answers did not satisfy committee Republicans who suggested Sotomayor had experienced a confirmation conversion." But lacking an unexpected meltdown" as Lindsey Graham R-S.C. suggested during his opening statement July 13 nothing appears to stand between Sotomayor and confirmation.
Sotomayor displayed knowledge of the law humility and even temperament prompting Dianne Feinstein D-Calif. to say If theres a test for judicial temperament you pass it with an A-plus-plus."
Sotomayors repeated assurances that she does not prejudge cases and respects judicial precedent so closely tracked those of recent Republican nominees to the court that Graham quipped I listen to you today I think Im listening to Judge Roberts."
Sotomayor offered and stuck to her explanation for comments in her speeches. I do not permit my sympathies personal views or prejudices to influence the outcome of my cases" she said in response to a question from the panels top Republican Jeff Sessions of Alabama.
At another point she said I believe my 17-year record on the two courts would show that in every case I render I first decide what the law required under the facts before me and what I do is explain to litigants why the law required a result. Whether their position is sympathetic or not I explain why the result is commanded by the law."
Sotomayor also distanced herself from President Obamas statements about the need for judges with empathy.
Judges cant rely on whats in their heart" Sotomayor said. They dont determine the law. Congress makes the laws. The job of a judge is to apply the law. And so its not the heart that compels conclusions in cases. Its the law. The judge applies the law to the facts before that judge."
But Sessions said her statements are part of a larger troubling" pattern that calls her impartiality into question. Its a body of thought over a period of years that causes us difficulty" he said.
When Sessions begins the second round of Republican questioning Sotomayor will continue to employ the same sort of rhetorical tools used by Roberts and Justice Samuel A. Alito Jr. to dodge questions labeled too hypothetical or issues likely to come before the Supreme Court.
In contrast Democrats are likely to continue directing attention toward Sotomayors judicial record. Its one thing to talk about speeches you might give" Leahy said. Im more interested in cases you might decide."
Charles E. Schumer D-N.Y. cited a series of decisions in which Sotomayor ruled against highly sympathetic defendants as evidence she is not guided by empathy alone.
Keith Perine contributed to this story.
