Obama Urges Swift Confirmation Of Sotomayor; GOP Mulls Opposition Strategy

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Article Date: 28 May 2009 - 3:00 PDT

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President Obama on Tuesday in his official announcement of his nomination of Judge Sonia Sotomayor of the Second Circuit Court of Appeals to the Supreme Court emphasized what he called her "extraordinary journey" from a modest background to the top of the judiciary, launching a "confirmation battle that he hopes to wage over biography more than ideology," the New York Times reports. If confirmed, Sotomayor would be the first Hispanic and the third woman to serve on the court, as well as the sixth of the court's current members with a Roman Catholic background, the Times reports (Baker/Zeleny, New York Times, 5/27). Sotomayor would replace retiring Justice David Souter, who typically is a liberal vote on social issues, the Wall Street Journal reports. Therefore, the addition of Sotomayor would not likely change the ideological balance of the court (Bravin/Koppel, Wall Street Journal, 5/27).

The Washington Post reports Obama in his remarks cast Sotomayor "as the embodiment of the qualities he seeks in a judge," including superior intelligence, an understanding of the limited role of the judiciary and what he called "an understanding of how the world works and how ordinary people live" (Barnes/Fletcher, Washington Post, 5/27). The president said he wants Sotomayor to be confirmed before the Senate leaves in August for its summer recess, so she can join the court in time for its September review of potential cases. White House Press Secretary Robert Gibbs said that the Senate has "ample time" to complete the confirmation process, as the average time span is 72 days and there are 74 until the recess (Koffler, Roll Call, 5/26). Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) praised Obama's decision, calling Sotomayor's record "exemplary" and her nomination "historic." Leahy noted that both former President George H.W. Bush and former President Clinton nominated Sotomayor to federal judgeships, adding, "She has been nominated by both Democratic and Republican presidents, and she was twice confirmed by the Senate with strong, bipartisan support" (Stanton, Roll Call, 5/26).

Rulings on Abortion Rights

Throughout her career as a federal judge, Sotomayor has not issued what are considered major decisions regarding abortion rights, although her record on cases involving civil and social rights issues appear "more liberal than not," according to the New York Times (Liptak, New York Times, 5/27). Politico reports that Sotomayor has ruled in favor of antiabortion-rights groups in two cases. The first case occurred in 2002 when she sided with the Bush administration in its efforts to implement the "global gag rule," which banned federal funding for international family planning groups that offer abortion services or information with their own funds. Sotomayor ruled that the government had the right to decide how to spend its funding. In 2004, Sotomayor ruled in favor of antiabortion-rights protesters who alleged that they were brutalized while being arrested in West Hartford, Conn. (Gerstein/Javers, Politico, 5/26). Gibbs said that Obama did not ask Sotomayor about issues related to abortion during her vetting and there was "no litmus test" on abortion-rights issues (Koffler, Roll Call, 5/26).

Obama's announcement was well-received by many groups that support abortion rights. NARAL Pro-Choice America President Nancy Keenan said the group is anticipating more information about Sotomayor's views on abortion rights and the right to privacy. She added that the group is "encouraged by the strong support she receives from her peers and other legal scholars and the fact that the Senate has twice confirmed her for federal judgeships" (Posner, Congress Daily, 5/26). Kim Gandy, president of the National Organization of Women, said that Sotomayor "brings a lifelong commitment to equality, justice and opportunity, as well as the respect of her peers, unassailable integrity and a keen intellect informed by experience." Gandy added that Obama "said he wanted a justice with 'towering intellect' and a 'common touch,' and he found both in Judge Sotomayor" (Wilson, The Hill, 5/26).

Conservative Opposition Strategy

According to the Wall Street Journal, Obama is relying on the Democratic majority in the Senate to deliver a swift confirmation. Conservatives opposed to Sotomayor "face an uphill battle" because the GOP is not likely to get the 40 votes needed for a filibuster, the Journal reports. In addition, many Republicans voted to support Sotomayor in 1998 when President Clinton nominated her to the appeals court. Conservatives' strategy for attacking Sotomayor is expected to focus on Obama's past statements that he would like a nominee with empathy, which opponents have sought to frame as a signal that his pick would "vee[r] from interpreting the law to making it," according to the Journal (Weisman/Bendavid, Wall Street Journal, 5/27). The Journal reports that Republicans also are under pressure to support Sotomayor's confirmation to avoid negative reaction from Hispanic voters, who strongly supported Obama in the 2008 election. Senators will have to decide if opposing the nomination to please conservative activists is worth the risk of fracturing the already struggling party, the Journal reports (Hitt/Seib, Wall Street Journal, 5/27).

Republican senators "responded cautiously" to Obama's announcement, urging for "fair" hearings rather than aggressive attacks against Sotomayor, the Christian Science Monitor reports. Republican Senate Leader Mitch McConnell (R-Ky.) said that the GOP will "thoroughly examine [Sotomayor's] record to ensure she understands that the role of a jurist in our democracy is to apply the law evenhandedly, despite their own feelings or personal or political preferences." Sen. Jeff Sessions (R-Ala.), the senior Republican on the Judiciary Committee, said that the "American people deserve a full and thoughtful debate about the proper role of a judge in the American legal system" (Richey/Feldmann, Christian Science Monitor, 5/26). National Republican Senatorial Committee Chair John Coryn (Texas), also a Judiciary Committee member, said it is "essential that the Senate conduct this process thoroughly and the president has assured me that we will have ample time to give [her] record a full and fair review" (The Hill, 5/26).

According to Roll Call, conservative groups like the Committee for Justice and the Judicial Confirmation Network have begun efforts to slow down or derail Sotomayor's confirmation through grassroots campaigns targeted at red-state Republican senators (Palmer, Roll Call, 5/26). Wendy Long, counsel to the JCN, said Sotomayor is a "liberal activist of the first order who thinks her own personal political agenda is more important than the law as written." Long added that Sotomayor "thinks judges should dictate policy and that one's sex, race and ethnicity ought to affect the decisions one renders from the bench" (Baker/Zeleny, New York Times, 5/27).

The announcement also invoked strong opposition from antiabortion rights groups. Charmain Yoest, president of American United for Life, said Sotomayor is "a radical pick that divides America" (Sherman/Yost, AP/Miami Herald, 5/26). Operation Rescue founder Randall Terry said he questions if Republican leaders "have the courage and integrity to filibuster" Sotomayor's confirmation (Cummnings, Politico, 5/26).

Broadcast Coverage

NPR on Tuesday evening aired a special report on the nomination (Conan, NPR, 5/26). In addition, several other broadcast media outlets included discussions about the nomination. Summaries of selected segments appear below.

~ CNN's "Larry King Live" on Tuesday included a discussion with White House Press Secretary Robert Gibbs (King, "Larry King Live," CNN, 5/26).

~ Fox News' "On the Record with Greta Van Susteren" included a discussion with former Bush administration aide Karl Rove (Van Susteren, "On the Record with Greta Van Susteren, Fox News, 5/26).

~ MSNBC's "The Ed Show" included a discussion with Senate Judiciary Committee member Amy Klobuchar (D-Minn.) (Schultz, "The Ed Show," MSNBC, 5/26).

~ NPR's "Talk of the Nation" on Tuesday included a discussion with syndicated columnist Ruben Navarette and ConservativeHQ blogger and activist Richard Viguerie (Conan, "Talk of the Nation," NPR, 5/26).

~ NPR's "Tell Me More" on Tuesday included a discussion with political scientist Angelo Falcon on the significance of Sotomayor's nomination and potential challenges to her confirmation (Tedford, "Tell Me More," NPR, 5/26).

~ PBS' "News Hour with Jim Lehrer" on Tuesday included a discussion with a panel of legal analysts (Ifill, "News Hour with Jim Lehrer," PBS, 5/26).

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