GOP Sens. Say Sotomayor Filibuster Possible But Unlikely, Obama Defends Judge's Past Comments

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Article Date: 02 Jun 2009 - 2:00 PDT

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Several Republican senators in appearances on various talk shows on Sunday said that they do not expect the GOP to attempt a filibuster to block the Supreme Court nomination of Judge Sonia Sotomayor, although none ruled the idea out, the Washington Post reports. Sen. Kay Bailey Hutchison (R-Texas) said that she does not think the "need for filibuster will be there unless we have not had a chance to look at the record fully," adding that the Senate "need[s] to look at the record fully" and in an "expeditious way." Sen. Jeff Sessions (R-Ala.), the ranking member on the Senate Judiciary Committee, on NBC's "Meet the Press" said that Sotomayor's 17-year career as a federal judge is "very strong in her favor" and "the kind of background you would look for" in a Supreme Court justice. However, Sessions added that he and other Republican senators are concerned over a remark Sotomayor made in 2001 at a conference on Hispanics in the judiciary. According to the Post, Sotomayor was discussing how her Puerto Rican heritage has influenced her role as a judge when she said, "I would hope that a wise Latina woman with the richness of her experience would, more often than not, reach a better conclusion than a white male who hasn't lived that life." Sessions said the remark "goes against the heart of the great American heritage of an independent judge" (Barnes, Washington Post, 6/1). Judiciary Committee member John Cornyn (R-Texas), appearing on ABC's "This Week," said that senators "need to know ... whether she's going to be a justice for all of us or just a justice for a few of us" (Wallsten, Los Angeles Times, 6/1).

Sen. Charles Schumer (D-N.Y.) -- Sotomayor's sponsor through the confirmation process -- said on "This Week" that she is "virtually filibuster-proof when people learn her record and her story." He added that Sotomayor is "legally excellent" and "not a far-left-wing judge" (Barnes, Washington Post, 6/1).

White House Defends Sotomayor's Comments

White House Press Secretary Robert Gibbs said that he thinks Sotomayor would "say that her word choice in 2001 was poor, that she was simply making the point that personal experiences are relevant to the process of judging." In an interview with NBC News that will air this week, President Obama also defended Sotomayor, saying that "if you look in the entire sweep of the essay that she wrote, what's clear is that she was simply saying her life experiences will give her information about the struggles and hardships that people are going through" (Eggen/Kane, Washington Post, 5/30).

Obama also stood by his decision to nominate Sotomayor in his weekly radio and Internet address on Saturday. Obama said that he is "certain that she is the right choice" and that her record as a federal judge "makes clear that she is fair, unbiased and dedicated to the rule of law." While he said he expects "rigorous evaluation" of Sotomayor, Obama said his "hope is that we can avoid the political posturing and ideological brinkmanship that has bogged down this process, and Congress, in the past" (AP/USA Today, 6/1).

First Meetings With Senators Expected This Week

According to the AP/Chicago Tribune, Sotomayor is scheduled to hold her first meetings with senators this week, beginning on Tuesday with Sessions and Democratic Sens. Harry Reid (Nev.) and Judiciary Committee Chair Patrick Leahy (Vt.). Gibbs said a meeting with Senate Minority Leader Mitch McConnnell (R-Ky.) also is possible, adding that he is hopeful there will be other meetings scheduled throughout the week (AP/Chicago Tribune, 5/31).

The Wall Street Journal reports that the formal Senate confirmation hearings are not expected to begin for several weeks. The White House would like the Senate to confirm Sotomayor before the August recess so she will be on the bench for the court's next term, which begins in October. Although some GOP senators say this might not be enough time to fully examine her record, Sotomayor is expected to be confirmed, the Journal reports (Bendavid, Wall Street Journal, 6/1).


New York Times Editorial Urges Critics To 'Elevate the Discussion' on Sotomayor

A New York Times editorial says a majority of the issues conservatives are raising against Sotomayor are "not among" those on which she needs to be vetted. Sotomayor is "being called racist" and "attacked as not smart enough, as too abrasive," the editorial states, adding, "It is time to elevate the discussion to where it belongs: the Constitution and the role of the judiciary." The editorial continues, "Despite her long service as a federal judge, [Sotomayor's] record on many important issues is sparse," including her views on the right to privacy, "a critical doctrine that provides the basis for abortion rights." Nominees to the Supreme Court "should not go into specifics about cases they might judge," but the Senate in recent years "has allowed them to be far too opaque about their broader views on the Constitution and judging," the editorial says. Republican elected officials and conservative groups "see this nomination as a way to score points off wedge issues that excite their base," the editorial states, concluding, "It diminishes everyone when a nomination process deteriorates into character assassination and ethnic intolerance" (New York Times, 5/31).

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