Sotomayor Promises "Fidelity to the Law"

Supreme Court Nominee Shares Her Personal Life Experiences but Promises Decisions Based on Impartial Justice

(CBS/AP)  Updated 3:00 p.m. ET

Responding to Republican attacks that she may bring unfair bias to the bench, Supreme Court nominee Sonia Sotomayor said Monday that in her 17 years as a judge, her decisions "have been made not to serve the interests of any one litigant, but always to serve the larger interest of impartial justice."

Still, Sotomayor highlighted her life story and consideration for others in her opening statement during her Senate confirmation hearing.

"I have witnessed the human consequences of my decisions," she said.

Her judicial philosophy is simply "fidelity to the law," Sotomayor said, though she said the process of judging is enhanced by understanding all parties' concerns. She said her experiences -- both personal and professional -- have given her different perspectives.

"The progression of my life has been uniquely American," Sotomayor said, relating how her parents left Puerto Rico during World War II. Her father, a factory worker with a third grade education, passed away when she was nine years old. Sotomayor thanked her mother for her sacrifices.

"She taught us that the key to success in America is a good education," she said. "And she set the example, studying alongside my brother and me at our kitchen table so that she could become a registered nurse. We worked hard."

Sotomayor related how she became a champion for public safety in her first job out of law school, as an assistant District Attorney in New York.

"There, I saw children exploited and abused," she said. "I felt the suffering of victims' families torn apart by a loved one's needless death."

However, emphasizing her impartiality, Sotomayor noted that when former President George H.W. Bush nominated her to the United States District Court for the Southern District of New York, "My career as an advocate ended-and my career as a judge began."

(Read the full text of Sotomayor's prepared statement here.)

Though Sotomayor faced strong scrutiny from Republicans at the opening of her confirmation hearings, 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 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."

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.

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.

Hearings will continue tomorrow, beginning at 9:30 a.m. ET. Watch it here at CBSNews.com.

[dibbs977]

It seems that what passes for right wing politics now is simply hate, ignorance, bullying, violence etc.---I really do not understand how anybody can possibly say they are right wing---just seems to be people who hate change and will fight it anyway they can even if it means spreading lies, being unethical, hate-mongering and violence. They seem to be epitimized by leaders who have a over developed sense of entitlement and confidence but are actually very ignorant. We all need to come to the middle and work together and stop all the hate.

[mrjoshcan]

Now Sotomayor as you recall America, the object of the grimy White House leaders spick and span, comes in a broader way from a broken down home. A red-eyed revenge trailing deep inside her thought pattern, as matters for public nomination, will eventually be taken up against true-blue nativity if her judgement presumes because of her disconnected upbringing to purer vanilla flavored country folk. Hey pepperdone, German shown did win the war! - unanimously Qur'an, Holy Bible, and blonde-blue. Better our respectful reasoning!

[thusspokezara]

President Obama grew up sucking at the breasts of bloodthirsty racists such as Franz Fanon, Malcolm X, Garvey, Carmichael, and Ellison. He then hung out with demagogues and radicals like Reverend Wright and Ayers. Who did you think he was going to choose for the Supreme Court? George Pataki?

[SAMTORRES66]

GRAHAM(KKK)is scare of Sotomayor......

[thusspokezara]

If Sotomayor is a racist and a bigot then Malcolm X was a racist and a bigot.

[cattiej]

Sotomajor had 8 of 10 cases that she ruled on overturned by the Supreme Court..I am sick of hearing about how she was poor, etc..many people went to colleges that other's couldn't go to because they too were poor too. Many of these people just work and pay their taxes and don't brag about themselves..Obama has made some really stupid decisions, this is just one of them....If it has to be a women and a hispanic women to be named to the Supreme court, isn't that being being one sided..Our country is going to the dogs, a Depression is going to happen before the year is out..how many homeless people do we have now in America??? It is a given that a homeless person has no say in how our country is being run nor do they probably read this story nor it's comments....

[dibbs977]

Sotomayor has not had 8 out of 10 cases overturned. That is a lie.

[wmsshields]

Obama did say during campaigning that he would look for an appointee with empathy, one who could use life experience to guide their decisions. And the nominee has said that she would use empathy to guide her judgement. And her rise to nomination has strongly stressed her background in Bronx projects. I do not think it a stretch to believe Obama wants her because she will stand up for business and people who make over %250,000 a year.

[Thalia-9]

by credibility2 July 13, 2009 5:41 PM EDT

Sotomayor is a racist and bigot and her recent co-decision punishing whites and Hispanics who passed a firefighter exam just because blacks failed to measure up as their equals was rightfully over-turned by the Supreme Court. Her co-decision was based on her intolerance for non-blacks.
So you're saying that Sotomayor is prejudiced against whites AND hispanics, that's why she ruled against them, and in favor of the black firefighters?
-------------------------------------------------------------------

While your point is valid to question her, Credibility2, especially with her history of remarks, speeches and rulings, the incident of Frank Ricci is the highlighted case in point at the moment.

Sometimes this board cracks me up due to lack of research of topic outside of cbsnews.com

Maybe a visit to Firehouse.com or reading more than just one sites article would help.

There were 8 Lt positions available

The 10 highest scores that passed written/oral boards were moving forward for next round of interviews - Outcome was the highest scoring applicant's were white

The highest Black firefighter scored 14th

The highest Hispanic firefighter scored 27th

The Fire Dept was afraid of lawsuits and/or political backlash if they didn't scrap the whole process (LOL...they sure got it now)

Ben Vargas, a Puerto Rican firefighter with NHFD will also be testifying against Sotomeyer, and has joined Ricci and the others in the lawsuit.

Dunno if Vargas was the highest Hispanic score who placed 27th, but he scored high, and Truck Company 4 tuns 1800 non EMS, only fire calls per year, so depending on how many FF's they carry including all shifts, to run that many calls, or how many applied, but even the Puerto Rican FF who scored high, but not in the top 10 is indicating, Ummm...scrapping the promotion based on colour is BS

[thusspokezara]

"Socrates was ugly" -Nietzche
"Sotomayor is ugly" -Thusspokezara

[pvperson3]

Just heard that the firefighter is next on the GOP list, I can only say, Ahhhh, the "Joe the Plumber" moment that the GOP always hopes for instead of any REAL discourse about the subject before them.

[ffoulkes-2009]

Simple answwer, reveal...Because lefties are the ones who are ignorant in this case.

[hungry1968-16]

by GovernmentControl July 13, 2009 7:45 PM EDT
Sotomayers rulings are based on what "feels" good to her at that moment; thats what obama meant when he said that "empathy" was the primary criteria for nomination.







Apparently, the constitution must feel pretty good to her, because that's the basis for her rulings, according to almost ALL law based organizations, and those that have reviewed her rulings.

[Thalia-9]

by credibility2 July 13, 2009 5:41 PM EDT

Sotomayor is a racist and bigot and her recent co-decision punishing whites and Hispanics who passed a firefighter exam just because blacks failed to measure up as their equals was rightfully over-turned by the Supreme Court. Her co-decision was based on her intolerance for non-blacks.
So you're saying that Sotomayor is prejudiced against whites AND hispanics, that's why she ruled against them, and in favor of the black firefighters?
-------------------------------------------------------------------

While your point is valid to question her, Credibility2, especially with her history of remarks, speeches and rulings, the incident of Frank Ricci is the highlighted case in point at the moment.

Sometimes this board cracks me up due to lack of research of topic outside of cbsnews.com

Maybe a visit to Firehouse.com or reading more than just one sites article would help.

There were 8 Lt positions available

The 10 highest scores that passed written/oral boards were moving forward for next round of interviews - Outcome was the highest scoring applicant's were white

The highest Black firefighter scored 14th

The highest Hispanic firefighter scored 27th

The Fire Dept was afraid of lawsuits and/or political backlash if they didn't scrap the whole process (LOL...they sure got it now)

Ben Vargas, a Puerto Rican firefighter with NHFD will also be testifying against Sotomeyer, and has joined Ricci and the others in the lawsuit.

Dunno if Vargas was the highest Hispanic score who placed 27th, but he scored high, and Truck Company 4 tuns 1800 non EMS, only fire calls per year, so depending on how many FF's they carry including all shifts, to run that many calls, or how many applied, but even the Puerto Rican FF who scored high, but not in the top 10 is indicating, Ummm...scrapping the promotion based on colour is BS

[South-of-Heaven]

Sara Palin would have been a more logical Nomination,
she had the experience Too. but she is such a Quitter.

[dibbs977]

Sara Palin is not an attorney or a judge and is not smart.

[GovernmentControl]

Sotomayers rulings are based on what "feels" good to her at that moment; thats what obama meant when he said that "empathy" was the primary criteria for nomination.

[bondsman_dotmac]

Judge Sotomayor?s rulings show that she thinks and believes that the bill of rights are not an assurance of rights to the people but may be modified by the government be it state or local and possibly federal and interpreted or modified by the court as it sees fit. Judge Sonia Sotomayor ruled in January 2009 that states do not have to obey the Second Amendment?s commandment that the of the people right to keep and bear arms shall not be infringed. She has found that free speech can also be limited. So it shows that Judge Sotomayor has decided that the bill of rights does not apply to the States where next will they not apply in her view? She also has track record of being hostile to civil rights enshrined in the Bill of Rights. From her rulings it seems that she was not chosen because of her understanding of the law, constitution or the bill of rights but because of her gender and race. Decisions should not be made based on personal opinions but on law and stated in the finding to show how the decision was reached, that she has not done either. Judgments should be made based on the law, constitution or the bill of rights and for the benefit of the citizens not the government and in so doing make the citizens subjects. From her track record she is not a good choice for the court or country but least of all for the citizens.

[tmittelstaed]

The US Supreme Court has repeatedly "refined" AKA limited the Bill or Rights's guarentees. To give you an example of how screwed up our system of laws is, take the DeCSS algorithm. This is the encryption algorithm that is used to encrypt DVDs. It is perfectly legal to publish a book that contains a printout of a software program that can decrypt DVDs because of Freedom of the Press. However under the DMCA it is illegal to publish that exact same software program on disk because the DMCA declares that it's a "circumvention device" The Court allowed the government to limit Freedom of the Press simply because the media is electronic, not paper.

[GovernmentControl]

Sotomayer went on the record stating that college entrance exams are "culturally biased" because they are written in english.

[GovernmentControl]

If she looks like a racist, talks like a racist, walks likes a racist...

She probably is a racist.

[South-of-Heaven]

by GovernmentControl July 13, 2009 6:33 PM EDT
Sotomayer thinks hispanics are discriminated against if the controlling language of a binding business contract is english.


that is just 100% USDA Prime Ignorance.

[hungry1968-16]

ALL of GovernmentControl's posts are 100% pure, unadulterated ignorance.

That's why no one responds to his posts, and many of us don't even read them anymore.

[hungry1968-16]

by credibility2 July 13, 2009 6:11 PM EDT
reveal5 and hungry1968-16 truth and fact are the basis of credibility and don't irrationally conclude about gender, either kids. And, Sotomayor was against the firefighters who passed the test, most of them were white and only one was Hispanic; she was peeved that no black firefighters passed the test, therefore found the results to be invalid because according to her limited view, if blacks can't pass a test, then it must be biased against them and therefore invalid. She based her decision solely on the color of skin, which is racist. Her decisions have largely been to punish whites who excel at something over poor performing blacks who clearly lacked qualification; the firefighters reviewed the test and found it to be equal and without prejudice, yet Sotomayor's co-decision countered this just because she felt that because no blacks who took the test passed and therefore the test was racially biased against blacks. Again, the Supreme Court rightly reversed her co-decision punishing primarily the white's because of their skin color. Her decision was ill-founded and misguided and was based on hostility towards the majority race who succeeded on the test. That makes her a racist.







You are obviously UNAWARE that she served on the COURT OF APPEALS, with TWO OTHER judges.

She didn't make the ruling - the ruling was already made in a federal district court's ruling, and it was following established legal precedent. When the case came up to the court of appeals, she was one of THREE judges to rule against the white firefighters, BECAUSE of that established legal precedent.

When the case went all the way up to the SC, it BARELY was overturned by a 5-4 decision, that could EASILY have went the other way.

All of that being said, I thoroughly agree that the white firefighters were discriminated against.

But you simply CANNOT lay the entire blame for the case, or the results, on her. And you're a complete and total buffoon for even trying.

[GovernmentControl]

Sotomayer thinks hispanics are discriminated against if the controlling language of a binding business contract is english.