Analysis: Sotomayor Stays True to Herself
Supreme Court Nominee Displays Personality While Enduring Senate Scrutiny
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In the courthouse halls, Sonia Sotomayor is respected for the compassion she shows when a court employee shares word of a close relative's illness and for her inclusive holiday parties. In court, she posed hard questions to attorneys and wouldn't let them off the hook until she got an answer. (AP)
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Blog Court Watch CBSNews.com Legal Analyst Andrew Cohen's new blog on the big issues and analyzes important cases of the day.
President Barack Obama's first Supreme Court nominee displayed both traits in charming some senators, disarming others and, most of all, not committing a single gaffe in a sure-footed performance this week before the Senate Judiciary Committee. Even critics conceded her confirmation in the next three weeks is assured.
Both faces are the same Sotomayor has worn in the 17 years she's been a fixture at the federal courthouse in Manhattan, the first six as a district judge, the last 11 as a member of the U.S. Court of Appeals for the 2nd Circuit.
In the courthouse halls, she is respected for the compassion she shows when a court employee shares word of a close relative's illness and for her inclusive holiday parties. In court, she posed hard questions to attorneys and wouldn't let them off the hook until she got an answer.
This week, Sotomayor beamed warmth as she entered the hearing room each day and was greeted by a kiss from her mother, who raised her children in a South Bronx housing project with such an emphasis on education that one child is on the verge of becoming the nation's first Hispanic Supreme Court justice and the other is a doctor.
But as the chairman's gavel each day banged the committee to order and senators began firing questions at her, she transformed into the intensely focused 55-year-old jurist who chose each word as carefully as a diamond cutter works on a stone.
While listening to questions, she scribbled with a pencil or pen on a yellow pad, then spoke with a steady, slow pace, raising and lowering her outstretched hands on the black-clothed table before her for emphasis.
In the courthouse, Sotomayor has a reputation for precision in her questions and in her recollection of facts related to court precedents.
"Judges apply the law. They apply the holdings of precedent. And they look at how that fits into the new facts before them," she told the Senate committee.
Asked if she was a judicial activist, she said, "I don't use that word for judging. I eschew labels of any kind. That's why I don't like analogies. ... It's very dangerous to use analogies because they're always imperfect."
Republicans questioned her so many times about gun control, abortion, the role that judicial opinions in foreign countries should play and U.S. courts that senators started apologizing for raising them again and again.
To many of them, she offered answers that fell into a circular pattern and landed nowhere - a common occurrence in courthouse arguments as well as Senate confirmation hearings for nominees to all levels of the federal judiciary. Reactions included frustration and disappointment.
"What Americans want to see is what inside your gut says," Sen. Tom Coburn, R-Okla., said at one point in trying to elicit her views on gun restrictions and the Constitution's Second Amendment right to bear arms.
He asked if Americans have a right to defend themselves in their homes if they are attacked. "Just yes or no, do we have that right?" Coburn pressed.
"I know it's difficult to deal with someone like a judge," she replied calmly, explaining that under New York law people have the right to repel a threat if they face imminent death or very serious injury. But she said it might be left for a judge or jury to decide whether the threat was imminent enough.
"Looking at this as a judge, I'm thinking ... how an answer can differ so radically given the facts before you," she mused.
Only once did she indulge her reputation for being brusque, telling Coburn: "Senator, would you want a judge or a nominee who came in here and said, `I agree with you; this is unconstitutional' before I had a case before me, before I had both sides discussing the issues with me? ... I don't know that that's a justice that I can be."
But she also let out a big laugh when Coburn, an obstetrician by profession, talked about the difference between politicians and judges near the end of questioning and offered her some backhanded praise, commenting, "I doubt I could ever get to this stage of a confirmation process."
EDITOR'S NOTE - Larry Neumeister has covered the Manhattan
federal courthouse for the 17 years Sonia Sotomayor has been a
district and appeals court judge there.
More coverage of the Sotomayor confirmation 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"
By Larry Neumeister© MMIX The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
- I know that I will be in trouble expressing this but I have to ask.
Do you think that womans is gay?
Just wondering. - Reply to this comment
- Yeah...all this nonsense while Obama's message to NAACP is...since you can't take care of yourself...(hold down a job, provide for yourself, provide for your own kids, pay for your education, pay for your own health-care), I'm here to do it for you! WAKE UP AMERICA!
- Reply to this comment
- Men should not handle or take Boniva.
- Reply to this comment
- There are other judges on the Supreme Court. There needs to be a majority of opinion. There is a reason why there are 8 justices. I think that Judge Sotomayor will need to watch how she rules on the Supreme Court since more people will be watching her. Judge Ginsberg is probably going to retire in a few more years and then we'll see who gets to nominate the next judge.
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- Newsflash - Hispanics are part of the Caucasoid (White) race....sorry, Sotomayor is White.
How ignorant are people like SkyK who dreamed that Sotomayor was not white and took the opportunity to show his ignorance, because Sotomayor is appointed and Obama was elected.....sorry to break the news to you !
After the Pleistocene
Caucasoid race (and Nortic group)
Negroid race
Capoid race (branch of Negroid)
Mongoloid race
Australoid race - Reply to this comment
- There seems to be a very small group of American's who can not, for the life of themselves, accept the FACT that the nation has changed and is no longer WHITE and Male. It's not hard to figure out but for some reason these people, represented by the VERY UGLY FACE of those questioning this Woman, are so threatened and are so scared of people who aren't "like them", they just can't accept it. I sat and listened to THREE days of questions from what some call the Republican Party about ONE line in a Speech given by this Judge, a line she admitted was a poor choice of Words. Did they present ONE, even ONE case to indicate any other meaning to the words in the Speech, NO! Did they show ONE DECISION that was out of the normal body of decisions you would expect from any good Judge? No! Yet you come on here and find people, motivated by FEAR and Cowardliness, attacking her and the President who appointed her. WHY? Why attack someone when you can produce NO Evidence of your charges... ABSOLUTELY NOT ONE CASE!
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- How absolutely ignorant of you....Blacks are 18% of the population, now the nation has changed and is no longer White ?? How so ? because a chief executive is half/white half/black, therefore it changed the whole country ??? Dream on trickle-down-old-man !!!
- Right, Joe. The nation is no longer exclusively white and male, just like skyk said. There is nothing "ignorant" in what he said. You just refuse to accept reality. No matter. It will keep on being reality whether you accept it or not. Women and non-whites are an important part of this country and they are going to be sharing the power once exclusively the prerogative of white males.
- realnews,
Unless the woman or minority happens to be a conservative (Palin, Steele), then it's ATTACK, ATTACK, ATTACK !!!
- Joe - The point is, women and minorities now have to be considered and evaluated just like white men do. Some are competent and admirable and deserve to hold positions of power in our diverse society and some DON'T. No longer does a white male get to hold power simply because he is white and male. Competent white men have to share power with COMPETENT women and people of color. Sarah Palin unfortunately is not (currently) at a competency level to be qualified for national executive office. Any honest person can see that that's true regardless of her charismatic personality and good looks.
- Joe, don't you get any news other than from Fixed Noise. It was reported several months ago that in just a few years Whites will be a Minority and Hispanic's will increase to more than Blacks. Blacks are more than 18% by the way. Can you operate a Search engine? I think CBS ran the story a few weeks ago about the Confederate Parties Problems in EVERY demographic EXCEPT the American Taliban. Might want to start there.
- Sotomayor showed the weepublican freaks up for what they truly are: sexxually repressed spoiled white males, who're used to bullying people around and getting their way.
And the rightwing loonies are furious that their little "secret" has been exposed -- they're "racist" -- but, shhhhhh! don't tell anyone -- everyone just pretend that they're not, OK?????
Then, we can all go back to playing the phoney game of politics that they've been so successful at manipulating for the last 70 years . . .
And, just forget about that Fascist Christian Church on C Street in DC . . . the one where Tom Coburn (R-OK) lives . . . and John Ensign (the sexx scandal guy) . . . the same "church" that thinks Hitler and Stalin are good "models" for its members to follow.
That's one news story you'll never see on Foxsnooze. - Reply to this comment
- Rowdy and Mr-Man - What has the world done to you to cause you to have so much hatred in your hearts ? Somewhere in your life -- maybe in your childhood? -- someone must have abused you very badly. That is nearly always the origin of such hatred. I feel sorry for you both and hope you can get some help so you can release the hatred. It must make you feel miserable inside.
- Reply to this comment
- The below list sums up the overall character of members of the Republicon Party of today:
1. narrow minded
2. book banners
3. truth censoring
4. mean spirited
5. self-centered
6. ungenerous
7. envious
8. intolerant
9. afraid
10. chicken hearted
11. bullies
12. trivially moral
13. falsely patriotic
14. family cheapening
15. flag cheapening
16. God cheapening
17. shallow
18. small
19. sanctimonious - Reply to this comment
- He asked if Americans have a right to defend themselves in their homes if they are attacked. "Just yes or no, do we have that right?" Coburn pressed.
Only once did she indulge her reputation for being brusque, telling Coburn: "Senator, would you want a judge or a nominee who came in here and said, `I agree with you; this is unconstitutional' before I had a case before me, before I had both sides discussing the issues with me? ... I don't know that that's a justice that I can be."
Most Repugs have got to be ashamed of what their once beloved party has now been reduced to - With a Senator who's a qualified Doctor asking these Ignorant questions in a senate confirmation commitee. Dumb Repugs ! - Reply to this comment
- See what i mean?
Republicans have had a Brain Drain for a long time,
the only ones left are the Leftovers of a once
respected party. - Reply to this comment
- Its going to be a great year.....
the More Repigs voices who join in their cryfest Choir,
the more im convinced of it. - Reply to this comment
- Staying true to herself:
CBS: Are you kidding me?
NEWS CLIP (setting -- UC-Berkley): "I know I shouldn't be saying this (laughter)....." that judges shouldn't legislate from the bench (paraphrase).
Then, there's the Latina woman comment.
Her testimony was so constrained, it was revolting. And I can't stomach the politics of this country -- both parties -- anymore. The Republicans saying they have to pick their fights, and because she's going to win, this isn't one of them -- mainly because they have to make nice with the Hispanic population.
What's with all the Latino/a coddling? i.e. DUI upheld, but judge says police must explain Breathalyzer in Spanish in the future.
So, if a Russian doesn't understand, they wait 3-4 hours until they can find a Russian interpreter? And no one provides a service for free..........
Who stole my country, and where'd they hide common sense? - Reply to this comment
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- Common sense has not existed in the USA since the 1990's when the Republicon Cry Babies spent millions in US tax dollars to try to destroy the Clinton presidency. Now the "just say no" party of Republicon white trash is so contrarian about everything progressive that their flock of imbeciles and America haters have no clue what makes sense of doesn't make sense in today's world. The voice of the Republicon Cry Babies Party, aka: the Fascist FOX Network has had a lot to do with making their followers as haters of everything clueless to having any values or moral standards on any of the issues facing the USA..
- Nasty democraps show their colors again, get some anger management, you need other ways to express yourselves. 60% of the people don't believe she is qualified due to her views,but democraps and Obama will shove her up our arses anyway.
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- IThoughtItWasFunnyNaaaah There you go again, calling names like slobbering democrats and commies. If you were not so ignorant, you'd know there is no real communism anywhere in the world and hasn't been since shortly after the 1917 Russian revolution. They are all totalitarian dictatorships, such as Bush hope to install in the USA. They are not really different from the Nazis or the current military dictatorship in Figi.
But I wouldn't expect a neo-con to know anything about reality.
You'd have a lot more credibility if you stuck to facts instead of your fascist illusions. - Reply to this comment
- "True to herself"? While she dissembles, evades direct questions and blatantly hides her intentions? If that's being "true to herself", then we know what kind of liar and hypocrite she is. Well, she'll be comfortable on the supreme court and fit right in with the others who are no better.
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- Slrman, i'm very sure that you can read - but here goes - I hope it helps a bit ............
"I know it's difficult to deal with someone like a judge," she replied calmly, explaining that under New York law people have the right to repel a threat if they face imminent death or very serious injury. But she said it might be left for a judge or jury to decide whether the threat was imminent enough.
"Looking at this as a judge, I'm thinking ... how an answer can differ so radically given the facts before you," she mused.
Only once did she indulge her reputation for being brusque, telling Coburn: "Senator, would you want a judge or a nominee who came in here and said, `I agree with you; this is unconstitutional' before I had a case before me, before I had both sides discussing the issues with me? ... I don't know that that's a justice that I can be."
- Slrman, i'm very sure that you can read - but here goes - I hope it helps a bit ............
- What is she doing in that picture,she is holding up five fingers? Is she talking about the five dollar foot long from Subway?
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- beaumuff --
Does Michelle Malkin get the credit (or is it blame?) for your lame posting -- or is it Karl Rove?
If you're the best that the rightwing propaganda machine can do, it's good news for the Democrats and Independents.
- beaumuff --
- I will say to my fellow Hispanic Citizens you have so much to be proud of. She took on the Klan, the Supremacist and the Religious Right. At the end of the day they all lay in rubble at her feet, completely defeated. Yes, YOU should be VERY proud!
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- I don't recall seeing anybody wearing white sheets asking her questions at the hearing do you? The only ones I seen at her feet where the democraps.
- There goes no opinion skyk again, if Obama says it there can be no wrong. Just follow and and question nothing, like a little lamb.
- So you poor ditto heads didn't get the Memo? Jeff Sessions is a KLAN Man and has been linked for MANY years to Racist Groups all over his pathetic state. If you have doubts AND have the intelligence to operate your Search Engine, pull up HIS confirmation hearing! LOL Denial is part of being a Ditto Head I'd guess. LOL
- Wow. The suck up news stories and promotion are getting worse and worse.
Yesterday she was "still standing" and today she is "true to herself" and "charming" and did not "commit a single mistake".
She is not a normal person, she is a god!
Or the person covering this is a Puerto Rican left wing liberal.
Kneel to your new god of mount olympus! - Reply to this comment
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- I'd suppose you and the rest of the Klan were off with your leader sharing crack during the hearing?




