Senate Opens Debate on Sotomayor

The Senate is starting a historic debate on Supreme Court nominee Sonia Sotomayor, who's on track to be confirmed this week to be the first Hispanic and third female justice.

Democrats call her a moderate who is restrained in her legal interpretations (and note she has a long record of reaching the same conclusions as more conservative judges), and argue that her controversial remarks - while perhaps worded inartfully - show nothing more than a belief that diverse experiences help a judge see all sides of a case.

Sotomayor, 55, is the daughter of Puerto Rican parents who was raised in a South Bronx housing project and educated in the Ivy League before going on to success in the legal profession and 17 years on the federal bench. President Obama chose her to replace retiring Justice David Souter, a liberal named by a Republican president, and she's not expected to alter the court's ideological balance.

Republicans have lined up almost solidly against Mr. Obama's nominee, taking what strategists in both parties call a steep political risk in opposing Sotomayor. They call her an activist who would bring bias to the bench, pointing to a few rulings in which (they argue) she showed disregard for gun rights, property rights and job discrimination claims by white employees.

They're also unsatisfied with Sotomayor's explanation of a 2001 speech - similar to comments she's made throughout her career - in which she said she hoped a "wise Latina" would usually make better decisions than a white male.

CBS "Early Show" anchor Maggie Rodriguez asked Sen. Jim DeMint, R-S.C., about his objections to Sotomayor.

He has, for example, questioned that she will uphold the Second Amendment. Despite the National Rifle Association's announcement that it would "downgrade" its ratings of Senators who supported Sotomayor, she is being supported by many, both Republican and Democratic, who have perfect or near-perfect ratings with the NRA. (These include Democrats Max Baucus and Jon Tester, both of Montana, Kirsten Gillibrand of New York, and Ben Nelson of Nebraska, and Republican Lamar Alexander of Tennessee.)

Yet DeMint said he and other critics have "some problems" with some of her decisions, "particularly on Bill of Rights questions, such as the Second Amendment. The decision that she made about the firemen was questionable. A lot of her speeches suggest that she has a different idea of what a justice should do."

DeMint also characterized Sotomayor as pro-abortion, Rodriguez said, alhough conservative radio host Rush Limbaugh has said her record on abortion is not clear.

"She's been evasive on a number of questions," DeMint said of the nominee. "I met with her privately. I asked her some fairly simple questions about the Constitution, the Bill of Rights. She seems more founded in precedent than in upholding the Constitution. And a number of us are very concerned about an activist court that's trying to expand what the Constitution intends for the federal government to do."

"She had some confirmation conversions," he said, "and she came back to the point of view of a constructionist-type of judge. But she has not been consistent in her comments and seems very evasive with me in the individual meeting that I had with her."

Walking a Fine Line

Some in the GOP have faced a tough call about how to vote on Mr. Obama's nominee, torn between an impulse to please their conservative base by opposing her and a fear that doing so could alienate Hispanic voters. The vast majority are lining up with their core supporters against Sotomayor, despite her near-certainty of being confirmed.

Yesterday Sen. John McCain, R-Ariz., said, "Regardless of one's success in academics and in government service, an individual who does not appreciate the common sense limitation on judicial power in our democratic system of government ultimately lacks a key qualification for a lifetime appointment to the bench. For this reason, and no other, I am unable to support Judge Sotomayor's nomination."

Tennessee's Alexander said on the Senate floor that, "Even though Judge Sotomayor's political and judicial philosophy may be different than mine, especially regarding Second Amendment rights, I will vote to confirm her because she is well-qualified by experience, temperament, character and intellect to serve."

So far six Republicans have publicly supported Sotomayor.