July 22, 2009 11:58 AM

Sotomayor Still Standing After Testimony

By
CBSNews
(CBS/ AP)  Updated 6:09 p.m. ET

Sonia Sotomayor sped toward confirmation as the nation's first Hispanic justice Thursday, encouraged by Republican promises of a quick vote and cheered on by a Democratic senator's challenge to take on the Supreme Court's conservative wing when she arrives.

"Battle out the ideas that you believe in, because I have a strong hunch that they are closer to the ones that I would like to see adopted by the court," Sen. Arlen Specter of Pennsylvania, a Republican turned Democrat, told Sotomayor.

Even two of her Republican critics called the 55-year-old appeals court judge's rulings "mainstream" - noteworthy concessions for President Barack Obama's first high court nominee.

"Her lower court records shows a much more practical moderate tone than did the records of (Justices) Roberts and Alito so that's a good place to start with any prediction of how she'll be as a Justice," writes CBS News chief legal analyst Andrew Cohen.

If confirmed, Sotomayor would become the first justice appointed by a Democratic president in 15 years, and the hearings were as much a prelude for future Supreme Court fights as a battle over the judge herself. Republicans repeatedly criticized Obama's past assertion that he wanted a justice with "the quality of empathy," and Sotomayor disavowed Obama's statement as a senator that some decisions would be determined by "what is in a judge's heart."

Republicans, expressing concern that she would bring bias to the court, gave Frank Ricci, a white New Haven, Conn., firefighter whose reverse discrimination claim was rejected by Sotomayor and two other appeals court judges, a speaking role at the hearing. He complained that the ruling showed a belief "that citizens should be reduced to racial statistics," but declined when given the chance to say Sotomayor's nomination should be rejected. (Read more.)

Her panel's ruling was overturned last month by the Supreme Court she hoped to join.

As Sotomayor concluded three grueling days of nationally televised question-and-answer rounds in the Judiciary Committee's witness chair, the panel's senior Republican, Jeff Sessions of Alabama, said, "I look forward to you getting that vote before we recess" on Aug. 7.

Sessions, who declared he still had "serious concerns" about Sotomayor, said he wouldn't support any attempt to block a final vote on confirmation and didn't foresee any other Republican doing so. A committee vote on confirming her is expected late this month.

Her elevation all but assured, Sotomayor took few risks during her testimony, repeatedly sidestepping questions on hot-button issues like guns and abortion rights and defending speeches that have been faulted as showing bias.

Sotomayor has overwhelming if not unanimous support among the Senate's 58 Democrats and two independents - and is likely to win a number of votes among the 40 Republicans as well.

Her confirmation hearings were fraught with racial politics that created a dilemma for Republicans, who stepped carefully during their tough questioning of Sotomayor - eager to please their conservative base but wary of alienating Hispanics, the fastest-growing voting demographic.

They pressed Sotomayor repeatedly on her 2001 statement that she hoped a "wise Latina" would usually rule better than a white male, drawing expressions of regret from the nominee, who said the words had been taken out of context and misunderstood.

In four days of testimony - she gave a brief opening statement on Monday - Sotomayor presented herself as a staunch and impartial defender of the law. She rarely strayed from a script replete with pledges to put her feelings and prejudices aside when she rules.

"I regret that I have offended some people," Sotomayor said Thursday, confronted by Sen. Lindsey Graham, R-S.C., about comments he said "bug the hell out of me."

Sotomayor appeared to have reassured at least some Republicans. Graham described her judicial record as "generally in the mainstream" and said he thought she would keep an open mind on gun rights. Graham, who has said previously he might vote to confirm Sotomayor, said she was "not an activist."

Another Republican, Sen. John Cornyn of Texas, also called Sotomayor's rulings "pretty much in the mainstream," although he said her assertions of impartiality at the hearings were strikingly at odds with her past remarks.

Nearby in the Capitol, Sen. Jim Bunning, R-Ky., announced he would oppose Sotomayor, saying she was "unsuitable" for the court.

The National Rifle Association announced it would oppose Sotomayor, saying she held a "hostile view" of the Second Amendment right to keep and bear arms, although a spokesman declined to say whether the group would include her confirmation vote in its ratings of lawmakers. The NRA's closely watched "scores" weigh heavily on lawmakers in both parties, since they're a powerful motivator for politically active gun rights supporters.

Committee chairman Patrick Leahy, D-Vt., said he expected Sotomayor would win some Republican votes.

Indeed, a number of current GOP senators voted for her when she was confirmed to New York's 2nd Circuit U.S. Court of Appeals in 1998. Among them are Robert Bennett of Utah, Thad Cochran of Mississippi, Susan Collins of Maine, Judd Gregg of New Hampshire, Orrin Hatch of Utah, Richard Lugar of Indiana and Olympia Snowe of Maine.

On her last day of questioning, senators addressed Sotomayor as though they were giving their takeaway messages to a future justice.

Prodded by Specter to weigh in on televising Supreme Court proceedings - a cause he has long championed - Sotomayor suggested she might be an ally on the issue.

"My experience has generally been positive," she said, noting that cameras had been allowed in her courtroom as part of a pilot program.

Asked if she would encourage the other justices to allow cameras into the high court, she said, "I would certainly relay my experiences."

Justice David Souter has long opposed televising the court's sessions, but his retirement opened the way for her appointment, and possibly a change in the no-camera rule.

Sen. Tom Coburn, R-Okla., pried from Sotomayor one of the only direct, one-word answers she gave all week, when he asked if she thought the court's combined rulings on abortion had ended a national controversy that has persisted since the Roe v. Wade decision in 1973.

"No," Sotomayor said after a brief pause.

Democrats devoted some of their question time to allowing Sotomayor to make her closing arguments to the panel that will cast the first votes on her confirmation.

Asked by Sen. Amy Klobuchar, D-Minn., what historians would make of her, Sotomayor said, "I can't live my life to write history's story." Then she added, "I hope it will say I'm a fair judge, I was a caring person and that I lived my life serving my country."

More coverage of the Sotomayor confirmation hearings:

Live Video of the Hearings

Firefighter Denounces Sotomayor Ruling

GOP Unable to Pin Sotomayor Down

Sotomayor Dodges Gun Rights Questions

Sotomayor Still Standing After Two Days

Sotomayor Pressed on Gun Rights

Republicans Aren't Sold on "Wise Latina" Explanation

Sotomayor Goes to Rope-a-Dope Strategy

Analysis: Sotomayor Has Been Very Cautious

Sotomayor: Abortion Law Is "Settled"

Sotomayor Promises "Fidelity to the Law"

CBS/ AP
Add a Comment See all 150 Comments
by drsam8 July 16, 2009 11:43 PM EDT
Sen. Sessions and Pat Buchanann"s race-baiting is one that we all should take note of and condemn. As it seems in his case, water always returns to its level. Pat and Session will never change and thank God Sessions never succeeded in getting to the bench and Pat in becoming President. The problem with those who shout bias against others is that they are unable to see the "plank" in their own eyes. Sessions is informed by racial prejudice. How can he as "Ranking Member" of the Senate Judiacy Committee resist not allowing his ideological and cultural experiences to influence his questioning of Judge Sotomayor? When he says he wants judges who are "neutral," what he really means is that he wants judges who would agree with his world view that views women, ethnics and other minorities as less equal than others no matter their accomplishments and even not desirable. His attacks have focused on a narrow frame, ignoring empirical evidence of balance that can easily be derived from Judge Sotomayor's actual decisions in court. He chose to forget or ignore what other sitting US Supreme Court justices (Scalia, Alitio, for example) appointed by Republican Presidents said about the influence of culture and experience during their confirmation hearings. On the issue of "empathy" President George H.W. Bush said about the same thing as Obama-referencing its relevance. Wisdom tells us that it is; ideological demagogoury says otherwise. Remember the famous adage: "justice must be tempered with mercy."
Reply to this comment
by RCC_Soldaten July 16, 2009 9:50 PM EDT
Dog and pony show.
Reply to this comment
by cs4466 July 16, 2009 8:29 PM EDT
Wise Latina: 1
Bitter neocons: 0

LOL! Way to go Judge Sotomayor!!!

*boogie*
Reply to this comment
by realityzone July 16, 2009 6:14 PM EDT
After bush, mcDumb and Falin... republicans Should be intimidated by an Intelligent Hispanic Woman.
Reply to this comment
by gravyboat4000 July 16, 2009 6:34 PM EDT
They are.
by norcal441 July 16, 2009 5:19 PM EDT
America's "Double Standard" rears its ugly head.

Despite several counts of obvious prejudice, and the fact she sidestepped several very important questions, it looks like Sotomayor is likely going to be excepted simply because she is a woman and because she represents a minority. Not to mention she's a democrat.

This could truly be a dark day for America's Justice System.
Reply to this comment
by jxknowles July 16, 2009 4:53 PM EDT
Unless you're being charged with sexual harrassment, like long-dong Thomas was, or accused of being a KKK member of the cracker caucus, like Jeff Sessions, these hearings are relatively dull. Sonia Sotomayor will be a good Supreme Court Justice. We need diversity.

The more you hear about the lunatic GOP religious cults in Congress (Sanford and Ensign and the C Street freaks), the more reason to keep their numbers in check. These self-indulgent, pompous goons and bad for the country.
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by Joe_NY_15 July 16, 2009 4:51 PM EDT
Still standing after her own party threw a few softballs......wow, some achievement.
Reply to this comment
by gravyboat4000 July 16, 2009 5:09 PM EDT
And after Sessions et al. asked the same, stupid questions for 3 days.

And entered into the record their,"concerns".
by alfonsag July 16, 2009 4:34 PM EDT
The wise Latina holds her cool. It seems Senator Cornyn feelings were hurt. He was not impressed with her assertions of impartiality at the hearings. He is at odds with her past remarks. ?Get over it!? Senator Cornyn you are not in Texas anymore. I felt he was trying to get her to cry or loss her temper. She is a cool Latina. I hope other Latinos/Latinas learn from her. We all are known for short tempers and been heard headed. She had answer and correct answers for everything. She did her research. We need more people like her in Government. I hope she does not have any skeletons in her closet like the other appointed people.
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by chaseangus July 16, 2009 4:31 PM EDT
It's interesting watching American Dems think they are so superior b/c Obama has backed someone other than a white male for the court. I don't really see any progress. She is Ivy League educated. Same education as white males. If she thought differently than white males she wouldn't have graduated. When they start naming people other than those from IL schools then we'll see a real change in the Court. But that ain't gonna happen.
Reply to this comment
by Joe_NY_15 July 16, 2009 4:47 PM EDT
I also hate to break it to the Libs that Hispanics fall into the Race called "Caucasians".....certainly, they are not part of the negroid or mongoloid races. She's white...sorry....
by gravyboat4000 July 16, 2009 5:11 PM EDT
My hispanic wife is laughing at you Joe.

lmao Now the chihuahua is laughing at you as well!

Now the maltipoo's laughin!!!
by alien_view July 16, 2009 3:48 PM EDT
Talk about Liberal Compost, Franken's 'Mason Moment';

Katie Couric reports on a comedic moment during Sonia Sotomayor's Supreme Court Justice confirmation hearing, as Sen. Al Franken (D-Minn.) had a "Perry Mason" moment.

Strange how Sotomayor knew the answer to the question before dirty Al finished asking the question about Perry Mason. How did she know which episode and case he was refering to until he told her. This is all for show folks and your stupid enough to belive this liberal brain washing of the ignorant and uncaring in this country.
Reply to this comment
by gravyboat4000 July 16, 2009 4:20 PM EDT
She knew the answer because, as she's stated previously, she was watched Perry Mason with her father, and watching that show inspired her to become a prosecutor.

Don't let your hate blind you.

(gravy, it's too late)
by Joe_NY_15 July 16, 2009 4:44 PM EDT
gravybloat4grand, It was sooooo painfully obvious that Franken had informed Sotomayor of what he was going to say.....she started answering before he even finished asking....Perry Mason ?

Stuart Smalley didn't ask about the constitution, he asked about a TV show, come on already
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