GOP Questions Sotomayor's Impartiality

Republicans Will Focus on Race Controversies, But The Potential First Latina Justice Is Likely to Win Confirmation

(CBS/AP)  Updated 1:35 p.m. ET

Though Supreme Court nominee Sonia Sotomayor faced strong scrutiny from Republicans at the opening of her confirmation hearings Monday, both Republicans and Democrats praised her accomplishments -- with one Republican saying her confirmation is all but inevitable.

"Unless you have a complete meltdown, you're going to get confirmed," said Republican Sen. Lindsey Graham.

His Republican colleagues would have no problem voting for a Hispanic nominee, Graham said, but "they just feel unnerved by some of your speeches... and some of your cases."

Referring to Sotomayor's well-publicized comments that a "wise Latina" may reach better judicial decisions in some cases than a white male, Graham said his career would be over if he made similar statements. Still, he said, that does not make her a racist.

"I think your experience can add a lot to the court, but I don't think it makes you better than anyone else," he said. "What we're talking about here today is what will you do when it comes to making policy."

Graham called Sotomayor "someone of good character" and "passionate." He added that while he disagrees with Sotomayor's philosophies on many issues, he wants to respect President Obama's nomination.

"I don't know how I'm going to vote, but my inclination is elections matter," he said.

Other Republican senators also questioned whether she would bring unfair bias to the court.

The Constitution requires judges to make decisions free from personal politics, feelings and preferences, said Republican Sen. Chuck Grassley. He said President Obama's call for a justice with "empathy" appears to encourage judges to do just the opposite.

"President Obama seems to believe you stand up to his empathy standard," Grassley said. "That worries me."

Republicans attacked President Obama and his comments comments about empathy a number of times -- possibly making Sotomayor's hearing a prop in a larger fight, according to CBS News legal analyst Andrew Cohen.

Democratic Sen. Sheldon Whitehouse gave a strong rebuttal to those concerns, saying judges must show empathy for marginalized members of society, for whom the courtroom should act as a sanctuary from unjust laws.

"The empathy President Obama saw in you has a constitutionally fitting place" on the court, Whitehouse said. "A courtroom is supposed to be a place where the status quo can be disrupted, even upended, where the Constitution or laws may require."

"I believe your broad and balanced background and empathy prepare you well," he added.

Sen. Jeff Sessions, the ranking Republican on the Senate Judiciary Committee, sharply criticized Sotomayor's rulings as a federal judge, suggesting her confirmation is not a given.

"Our legal system is at a dangerous crossroads," he said. "I will not vote for an individual who is not fully committed to fairness and impartiality... who believes it is acceptable for their personal background to sway their opinion..."

Democratic Sen. Dianne Feinstein praised Sotomayor's "brilliant legal and judicial career," pointing out she has more federal judicial experience than any justice in the past 100 years.

Sotomayor has "broad and relevent experience... a strong and deep knowledge of the law... (and) a firm commitment to follow the law," Feinstein said, adding that she views Sotomayor's nomination "with a great sense of personal pride."

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Click here for live video and minute-by-minute analysis of the confirmation hearings.

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Republican Sen. Orrin Hatch explained the reasoning of his party's strong scrutiny of Sotomayor by citing President Obama's opposition to judicial nominees nominated by Republicans -- such as Janice Rogers Brown, a federal judge whose nomination was held up by Democrats.

"Sen. Obama made... arguments I find relevant today," Hatch said. "We should applaud Judge Sotomayor's achievements... yet Sen. Obama called it offensive and cynical to suggest a nominee's race or gender can give her a pass."

He said he shares Mr. Obama's hope that the nation has moved pass that kind of thinking.

Sotomayor has decided advantages as she begins the most important trial of her long legal career, a nationally televised consideration of her nomination to be the first Hispanic and just the third woman on the Supreme Court.

Beginning today, she tells her compelling up-from-poverty personal story to a jury tilted strongly in her favor - Democrats hold a comfortable majority on the Senate Judiciary Committee and a filibuster-resistant 60 votes in the Senate.

A recent CBS News poll shows most Americans do not have an opinion about about Sotomayor but those who do see her in a favorable light.

Still, Supreme Court nominations inevitably draw attention to hot-button issues such as abortion. A protester screaming, "What about the unborn" was escorted by police out of today's hearing.

Republicans have signaled that they will press the 55-year-old New Yorker and veteran federal judge to explain past rulings involving discrimination complaints and gun rights, as well as comments that they say raise doubts about Sotomayor's ability to judge cases fairly.

Sotomayor has extensively prepared with White House counsel for the types questions she may face.

It boils down to this: Democrats will argue Sotomayor is among the most qualified judges ever nominated to the court and that the path she took from the Bronx, to Princeton and Yale and the Federal bench, make her the ideal nominee, reports CBS News correspondent Wyatt Andrews.

Republicans will argue the judge has explaining to do, focusing on her comments that a "wise Latina woman" might reach a better conclusion than a white male and question why she saw no discrimination against the white firefighters in New Haven - a ruling overturned by the Supreme Court.

But other legal experts say in the white firefighter case Sotomayor was following civil rights laws in effect at the time and that over her 17 year judicial career she was a mainstream judge with no record of bias.

"There are enough ideological conservative decisions, business decisions, pro-law enforcement decisions, so that you cannot pigeonhole her as someone who is always empathetic with the underdog," said Cohen, CBS News' legal analyst.

(Read Cohen's full preview of the confirmation hearings.)

The questioning of Sotomayor won't even begin until Tuesday, after the 12 Democrats and seven Republicans on the committee use up to 10 minutes each for preliminary remarks and the nominee makes her opening statement.

President Barack Obama chose Sotomayor in late May to take the place of Justice David Souter, who retired last month. The switch would not appreciably alter the balance of the power on the conservative-leaning court.

Obama called Sotomayor on Sunday to wish her luck at the hearings, compliment her for making courtesy calls to 89 senators and express his confidence that she would win Senate approval, the White House said.

In choosing Sotomayor, Obama also has put pressure on Republicans who might be forced to temper their opposition because of their need to increase their appeal to Hispanic voters, the fastest-growing segment of the electorate. Sen. John Cornyn, R-Texas, highlighted the potential political pitfalls for Republicans when he noted on "Fox News Sunday" that a third of his constituents are Hispanic and that they want Sotomayor judged fairly.

The most fertile ground for Republican questioning appears to be on race and ethnicity, focusing on the "wise Latina" and firefighter controversies.

By a 5-4 vote last month, the justices agreed with the firefighters, who claimed they were denied promotion on account of their race after New Haven officials threw out test results because too few minorities did well. The court reversed a decision by Sotomayor and two other federal appeals court judges.

[earlysaid]

I question republicans impartiality on any subject. They seem to be puppets that all say the same thing. They never stood up against Bush's corruption and have never shown themselves ready to solve problems they were a big part of causing during the past administration. Sotomayer is extremely qualified. She has shown for many years on the judicial bench that she is supremely competent to be a wonderful addition to the Supreme Court.

[darthcheney345]

Wow, a lot of posts getting deleted. On both sides.

[erasmus111]

Never mind that, what happened to the time? When did it change back to Eastern time?

[erasmus111]

by darthcheney345 July 13, 2009 12:55 PM PDT
Yes, you like taunting, name-calling, jeering, sneering...


Ahhh....that's all YOU do!!

[darthcheney345]

But you talk about spanking people until the red welts show.

Yah, you're one to talk.

[erasmus111]

And YOU swear at me. You said D*mn and all I said was "go suck and egg". That ain't swearing.

And you talk "suggestively" to me, and that's VERY improper.

[darthcheney345]

I'm still waiting for ANYBODY to post the "context" of Sotomayor's famous racist comments saying a Latino woman makes better decisions than a white man.

If so many liberals are convinced she is not a racist bigot, how come NONE of them have posted documentation of this supposed "context" that makes her remark anything but racist???

[erasmus111]

Actually, when I read it, it did strike me as being a little racist. What she should have said was, "ALL women make better decisions than men".

[darthcheney345]

Yah, thanks for proving my point there.

Liberals are just allergic to facts.

They have spent all morning stonewalling the accusation of racism, and they NEVER posted a SINGLE actual fact to support their denials.

This is a sad, sad day for any hope of an enlightened, intelligent society anytime in the near future.

There really is nothing but partisan bashing and mud slinging.

Goodbye, enlightened USA. Hello dark ages.

[erasmus111]

"Goodbye, enlightened USA. Hello dark ages."


What are you talking about? The U.S. has been living in the dark ages all along. The racism is still out of control. Nothing has changed.

[erasmus111]

When you have parents still teaching their children to be racists, that's bad.

I was truly shocked when I read about the children holding up signs and chanting "Assassinate Obama". Nope, racism is alive and well in the U.S. I don't see any signs of "enlightenment".

[stuart2020]

Have a nice day everyone.

[hungry1968-16]

See ya Stu!

[erasmus111]

by stuart2020 July 13, 2009 11:40 AM PDT
You're absolutely right Gravyboat. Dorkcheney is the biggest extremist and racist and bigoted person posting here. A true propaganda tool for the racist extreme right wingding party. I don't know who is worse, him or Rowdy.


Hahahaha. They do sound the same, don't they?


"Dorkcheney", yeah, I kinda like that.

[darthcheney345]

Yes, you like taunting, name-calling, jeering, sneering and even the occasional profanity and obscenities, with no actual facts or ideas to contribute to the discussion.

Nothing but personal attacks from you - that's the liberals.

[stuart2020]

by darthcheney345 July 13, 2009 9:12 AM PDT
So what color sheets to YOU wear to La Raza meetings?
Sotomayor is a racist bigot, and she's proud of it. Now what will we find out about the new black woman surgeon general, Dr. Benjamin?
Is she a racist bigot, too? Or just a tax cheat?

LOL! Obama is wrecking our contry. Pretty soon there won't be anything left for the ultra wealthy to steal.

There will be blood in the streets.
Obama nation!
++++++++++++++++++++++++++++++++++++++

Is it any wonder why the extreme, racist, right wing of the Republican party is soon to be extinct? Do they really feel America sides with them? I know the new Supreme Court Justice Sotomayer does'nt. And she WILL be confirmed whether they extremist, racist neo-conservative republicans like it or not.

[gunownerdan]

Sotomayor thinks all white males should be disarmed and castrated.
That kind of racist thinking will cause some serious problems!

[erasmus111]

Making it up as you go along, again, I see.

Now if you were to ask me, I would say that EVERYONE should be disarmed, and only YOU castrated. : )

[thusspokezara]

When our amiga Juez Sotomayor becomes Juez de la Corte Suprema all you gringos and gringas will get what is coming to you. No mas pistolas. No mas hunting animalitos. No mas patrullas en la frontera. No mas big hair. No mas big trucks. No mas. Tejas will be returned to Mejico and all Tejanos will have to go vivir in Arkansas. Jerry Jones tambien.

[misands]

Isn't it funny how the GOP, which claims to be such a Christian party, doesn't want a judge to have any "empathy" for others? Isn't empathy a quality Christ would applaud? Even if you don't rule in someone's favor, can't you still have empathy for that person you ruled against, and isn't that a good quality to have?
I'm really convinced that the GOP would be the first to call for nailing Christ back to the cross if he ever came back and preached empathy for others, especially towards the poor.

[bajajohn1]

As an Hispanic, and an attorney, one can feel a sense of pride that our great nation moves forward, inclusive of all. Times do change and we always hope, for the betterment of our nation and all of its people.

[darthcheney345]

As a minority attorney, then you should be outraged and shocked that such a racist bigot is being put on the Supreme Court, and the Democrats are so nonchalant about it.

Impartial and equal justice used to be a founding principle of our justice system. Well, no more.

When a justice on the Supreme Court can say "a Latino woman makes better decisions than a white man," we are entering a new dark ages.

[hungry1968-16]

by stuart2020 July 13, 2009 12:02 PM PDT

That's right huingry. And when others don't DorkCheney345 wants to see there blood in the streets. Read his post above here. He said it himself. Is'nt he a nice racist, bigoted, one-way fool or what?

The most racist, bigoted and ignorant person on these boards (well in a tie with IThoughtItWasFunnyNOPE) dares lectures democrats about Sotomayer being an ALLEDGED racist.

I am biding my time. Watching. Waiting for the hammer to come down. It will. Soon enough.







Hey Stu!

We chatted a little yesterday, me and darth, and I've decided not to waste anymore time with it.

He said that the Supreme Court overturned 60% of Sotomayor's rulings, even though they only heard 2% of her cases. He then made the claim that if the SC heard ALL of her cases, they would have overturned 139 of her cases!!

ROFL!!!

He doesn't even BEGIN to understand how the SC hears cases, yet he's trying to come off like he knows what he was talking about.

I have NO TIME to educate stupid people, of how their country works. (Assuming of course, that he IS an American.)

[stuart2020]

Like I said, dorkcheney345 has no clue what-so-ever. He is trouble. You do well to not waste your time on him. Now if we could ghet everyone to realize that he is coming here with the simply warped attempt to upset the democrats. He deliberately lies just to terrorize people on these boards. If everyone just ignored him, maybe he'd go away sooner rather than later. *wink* *wink*

[darthcheney345]

hungry, you said yourself, the Supreme Court reviewed 5 of her rulings and overturned 3 of them.

Now, I know libearals can't do math. But ask somebody else, and they will confirm that 3 out of 5 is 60%.

[hungry1968-16]

by darthcheney345 July 13, 2009 11:43 AM PDT
Neocons are a race now
---------------

then we're DEFINITELY a minority.

You better watch how you talk to us from now on.

We might get offended.

LOL!






You've ALWAYS been a minority and in 10 more years you're going to be nothing more than a memory. Just like the Whigs.

[hungry1968-16]

by darthcheney345 July 13, 2009 11:35 AM PDT
Obama is a clueless incompetent who knows only how to pander for voted from "select" ethnic groups.

well, he got 90% of the black vote. Anything racist there???






He got a higher percentage of white voters than McCain got too.

So according to you, us white people are racists, and that's why we voted for Obama?

[stuart2020]

hungry, dorkcheney345 has no clue. You know that.

[hungry1968-16]

by darthcheney345 July 13, 2009 11:44 AM PDT
Oh, gosh. Next they might question her qualifications and her record.






They probably will too.

She has a very moderate record as a judge, and has ruled in favor of the legality / constitutionality of the issues that she was presented with.

Conservatives HATE THAT and believe that their ideals should be upheld whether or not they are legal, or whether or not they violate the constitution.

[stuart2020]

by darthcheney345 July 13, 2009 9:12 AM PDT
So what color sheets to YOU wear to La Raza meetings?
Sotomayor is a racist bigot, and she's proud of it. Now what will we find out about the new black woman surgeon general, Dr. Benjamin?
Is she a racist bigot, too? Or just a tax cheat?

LOL! Obama is wrecking our contry. Pretty soon there won't be anything left for the ultra wealthy to steal.

There will be blood in the streets.
Obama nation!
+++++++++++++++++++++++++++++

I just love it when you make these sort of statements. "Blood on the streets", huh? Interesting.

That's right huingry. And when others don't DorkCheney345 wants to see there blood in the streets. Read his post above here. He said it himself. Is'nt he a nice racist, bigoted, one-way fool or what?

The most racist, bigoted and ignorant person on these boards (well in a tie with IThoughtItWasFunnyNOPE) dares lectures democrats about Sotomayer being an ALLEDGED racist.

I am biding my time. Watching. Waiting for the hammer to come down. It will. Soon enough.

[darthcheney345]

by stuart2020 July 13, 2009 12:02 PM PDT
------------

We'll see which one of us gets banished first.

I see you've got a new login name. How many banishments is that for you now?

LOL!

[hungry1968-16]

by hawksprings July 13, 2009 11:44 AM PDT

The Media will frame this as the GOP attacking her, not telling us her record and what a far-left whacko that she is.







She's made 232 rulings as an Appellate Court Judge.

What more do you need?!?!

[connunism]

The Republicons base consists of southern white trash and fatassed evangelicals from the Great Plains States. No wonder the Republicon Party is guaranteed permanent minority status in US politics for at least the next 2 generations, ie: 40+ years.

[darthcheney345]

No, next we will have a hoopla over the new Surgeon General Benjamin.

Here we go again.

[stuart2020]

I imagine there is ALWAYS hoopla going on in your racist, tormented mind.

[hawksprings]

Here's another prime example of Media Bias.
If this woman were a conservative, the article wouldn't say 'Dems Question Sotomayor's Impartiality"
It would say "Sotomayor Cannot Be Impartial"

The Media will frame this as the GOP attacking her, not telling us her record and what a far-left whacko that she is.

There's no "vetting" for Left Wingers by the Media, the Media only 'vets' those on the conservative side.

[cs4466]

Oh no it's the evil media again!! LOL! Poor bitter neocon.

[gangesdak]

I will be happy when the Soto Matter is over. After MJ hoopla we were looking for a respite. Now everywhere I see the smiling face of Soto. Like most successful people she has her own recipe for success- be a woman, be a Latino- and you are better than the rest. Other successful people had other brew they drank from. She may not be the worst justice. But she is not impertial.

[cs4466]

I bet she can spell "impartial". Did you drop out of high school or did you not make it that far?