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Supreme Court Nominee Sotomayor Pledges 'Fidelity To The Law' As Confirmation Hearing Begins
In the first day of her confirmation hearings before the Senate Judiciary Committee, Supreme Court nominee Judge Sonia Sotomayor said on Monday that "fidelity to the law" is central to her judicial philosophy and that the role of a judge is "not to make law" but "to apply the law," the Washington Post reports. Sotomayor said her record as a district and federal appeals judge "reflects my rigorous commitment to interpreting the Constitution according to its terms, interpreting statutes according to their terms and Congress" intent, and hewing faithfully to precedents established by the Supreme Court and by my circuit court." She also said her "personal and professional experiences help me listen and understand, with the law always commanding the result in every case" (Barnes et al., Washington Post, 7/14). The first day of the hearings was dedicated to opening statements from Sotomayor and senators, with the questioning portion scheduled to begin on Tuesday. According to the Wall Street Journal, Sotomayor is expected to be confirmed, as Democrats outnumber Republicans on the committee 12-7 and hold a 60-member majority in the Senate (Bravin/Bendavid, Wall Street Journal, 7/14). The New York Times reports that senators from both parties are likely to use Sotomayor"s confirmation as a way to frame the debate for the next Supreme Court nominee, with Democrats hoping to "build a lopsided victory" to give President Obama more leeway to choose a more liberal nominee. Conservatives, on the other hand, "hoped to draw a line making the president think twice about picking someone" like Sotomayor in the future, the Times reports (Baker/Lewis, New York Times, 7/14).In Monday"s hearing, both parties gave indications of how they plan to proceed for the rest of the confirmation process, the Post reports. Democrats in their statements portrayed Sotomayor as a role model for the country and a judge with a modest approach who would bring balance to the conservative-leaning court (Washington Post, 7/14). Sen. Charles Schumer (D-N.Y.) said Sotomayor "puts rule of law above everything else." He added, "Given her extensive and evenhanded record, I am not sure how any member of this panel can sit here today and seriously suggest that she comes to the bench with a personal agenda" (Stern/Perine, CQ Today, 7/13). Republicans used their statements to cast Sotomayor as a partial judge, saying previous statements and rulings show she is an activist judge (Washington Post, 7/14). In particular, GOP senators on the committee referenced a comment from a 2001 speech in which Sotomayor said that a "wise Latina" would reach better decisions than a white man in some cases (Baker/Lewis, New York Times, 7/14). Sen. Jeff Sessions (Ala.), the ranking Republican on the committee, said, "No senator should vote for an individual ... who believes it is acceptable for a judge to allow their own personal background, gender, prejudices or sympathies to sway their decision." He continued, "Call it empathy, call it prejudice or call it sympathy, but whatever it is, it"s not law" (Wall Street Journal, 7/14). However, Sen. Lindsey Graham (R-S.C.) noted that Republicans lost in last year"s presidential election and told Sotomayor, "Unless you have a complete meltdown, you"re going to get confirmed" (Lewis, New York Times, 7/14).Antiabortion-Rights Protesters Arrested During HearingsFour antiabortion-rights protesters were arrested for shouting comments during the senators" remarks (CQ Today, 7/13). One of the arrested protesters was Norma McCorvey, the plaintiff "Jane Roe" in Roe v. Wade. According to the AP/Google.com, McCorvey began screaming that Sotomayor was "wrong" about abortion during the opening statement of Sen. Al Franken (D-Minn.). McCorvey and the other three arrested protesters were charged with unlawful conduct-disruption of Congress. The protesters also prompted a warning from Senate Judiciary Committee Chair Patrick Leahy (D-Vt.), who said, "We"ll show respect to everybody who is here, we will show respect to everyb
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Opinion Pieces React To Obama's Nomination Of Sotomayor To Supreme Court

Several newspapers on Wednesday included editorials and opinion pieces on President Obama"s nomination of Judge Sonia Sotomayor to the Supreme Court. Summaries appear below. ~New York Times: Obama "seems to have made an inspired choice" in selecting Sotomayor as his nominee because she "has an impressive judicial record, a stellar academic background and a compelling life story," a Times editorial states. According to the editorial, "Based on what we know now, the Senate should confirm her so she can join the court when it begins its new term in October." The editorial notes that, "Conservative activists have already begun trying to paint Judge Sotomayor as a liberal ideologue, but her carefully reasoned, fact-based decisions indicate otherwise." The editorial continues, "If Judge Sotomayor joins the court, it will be a special point of pride for Hispanic-Americans," and "will also bring the paltry number of female justices back to two." It adds, "Judge Sotomayor, though, is more than just a distinguished member of two underrepresented groups. She is an accomplished lawyer and judge, who could become an extraordinary Supreme Court Justice" (New York Times, 5/27).~Gerard Magliocca, New York Times: In addition to sharing Obama"s "experience and intellect," Sotomayor "also mirror"s the president"s measured temperament," Magliocca, a law professor at Indiana University, writes in a Times opinion piece. Magliocca writes that he has known Sotomayor for 13 years and notes that although he is a conservative and has at times been "at odds with" Sotomayor professionally, he does not dispute her qualifications. According to Magliocca, "For those of us who think that intellectual rigor and fairness are the crucial factors" to be a Supreme Court justice, "no matter which party the president hails from, there is no question that Judge Sotomayor should be confirmed" (Magliocca, New York Times, 5/27).~USA Today: Upon hearing that Sotomayor was Obama"s nominee, Republican critics "quickly insisted that the Senate assure itself that Sotomayor would not make rulings based on her "personal politics, feelings and preferences,"" a USA Today editorial states. According to the editorial, "To some extent, the entire argument is overblown. People inevitably are the product of their experiences, and they can hardly shed their history and character at the courthouse door." The editorial continues, "That is why the court is enriched by having an eclectic mix of justices who can bring differing perspectives to bear on the case at hand." The editorial concludes, "Sotomayor"s education and experience make her far more than a political twofer who allowed Obama to check the "female" and "Hispanic" boxes. But there"s a limit to the application of empathy and heritage to the law, and her confirmation hearings will be an opportunity for her to spell out exactly where she believes that line falls," (USA Today, 5/27).~ Steven Waldman, Wall Street Journal: "Everyone seems to assume" that Supreme Court nominee Sonia Sotomayor is "ardently for abortion rights," but there is "stunningly little information about her abortion views -- and what we do know hardly paints her as a pro-choice activist," Waldman, president and editor-in-chief of Beliefnet.com and author of "Founding Faith," writes in a Journal opinion piece. He continues that Sotomayor has ruled only on three cases "indirectly related to abortion," and each time ruled in a way preferred by abortion-rights opponents, "albeit for reasons unrelated to the merits of abortion." Although Sotomayor"s decisions in the cases were related "to matters of constitutional law and criminal procedure, ... at a minimum, it showed that whatever her abortion views, it didn"t produce some powerful inclination against the pro-life position," according to Waldman. "Now all of this might not mean anything. She may prove to be a strong advocate of Roe v. Wade. But it"s telling that the abortion interest groups took sides without knowing anything about her abortion views" (Waldman, Wall Street Journal, 5/26).~Washington Post: In relation to Sotomayor"s comments "about how gender, ethnicity and race influence a judge"s views," senators in her confirmation hearing "could ask her, then, how, when deciding a case, she balances the quest for objectivity with her personal views," a Post editorial states. Although "[s]enators are right to closely scrutinize ... Sotomayor"s philosophy and qualifications," they "also should remember" that Obama, "like any president, is entitled to deference in choosing a justice" (Washington Post, 5/27).~Ruth Marcus, Washington Post: "Since Obama is likely to have more than one high court spot to fill, picking a Hispanic woman for the first vacancy gives him maximum flexibility for the future," columnist Marcus writes in a Post opinion piece. She continues that she is "skeptical of the initial critiques of Sotomayor -- with a few caveats," and would "like to hear more from Sotomayor herself about some out-of-court statements." Marcus says that she agrees with Tom Goldstein of SCOTUSBlog that Sotomayor has similar ideological positions as retiring Justice David Souter, which "[s]ounds pretty good to me" (Marcus, Washington Post, 5/27). Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women"s Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women"s Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company. © 2009 The Advisory Board Company. All rights reserved.


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