Sotomayor Keeping Her Cool
I suspect the White House is delighted with the nominee's first day under questioning. She didn't make any gaffes, she kept her cool, she didn't reveal many hints about her positions in future cases and she explained patiently all those out-of-court statements that got her in a bit of trouble. Let's call it a solid B from the White House perspective.
She pulled a Ginsburg, a Breyer, a Roberts and an Alito, which means she refused over and over again to be drawn into any detail about how she might rule on future cases that would come before her as a Justice--even when she was asked to do so by her Democratic supporters on the Committee.
Republican members put up a little fight-- Senator Kyl was particularly effective in trying to get the judge to explain her Wise Latina remark a little more fully but you get the sense that even they don't really have a ton of ammunition to use against her-- remember she was twice confirmed by this same Committee in the 1990s.
She'll almost certainly finish up on Wednesday, and then other witnesses will testify for and against her, and it's always interesting to see how the politicians react to media coverage of the first day of questioning. Some come out more aggressive on Day Two. Some come out less so.
The GOP is trying to use the Ricci case as proof that the nominee has been unfair to litigants whose views she does not necessarily empathize with but it's a tough sell, especially when you consider how many other cases she's decided against underdogs, and for vested interests.
Sometimes the second day of questioning can be more difficult than the first for the nominee. They tend to let their guards down a bit, it's only natural, and their opponents on the Committee sometimes are pressed to be more aggressive, to get in a few final shots.
There are still some areas for the judge's critics on the Committee to explore. I expect more questions from Republicans about her role with the Puerto Rican Legal Defense and Education Fund and also about her views on abortion and gun rights.
