Sonia Sotomayor avoided diving into the "judicial activism" debate today by refusing to offer her definition of the controversial term.
Sen. Al Franken (D-Minn.) asked Sotomayor how she would describe judicial activism--undoubtedly to give Sotomayor a chance to push back against her conservative critics. But Sotomayor wouldn't bite.
"I don't use the term because I don't describe what judges do that way," Sotomayor responded, adding that "each one of us is attempting to interpret the law according to principles of statutory construction and other guiding legal principles."
Conservatives have accused Sotomayor of wanting to "legislative from the bench," seizing on her past comments that appeals courts are "where policy is made."
Throughout her hearings, Sotomayor has deftly avoided answering questions in the way her inquisitors would prefer. Offering a definition of "judicial activism" would give Republicans an opportunity to take issue with her answer, steering the conversation in a direction Sotomayor and her supporters would prefer to avoid.
The Supreme Court confirmation hearings for Sonia Sotomayor have recessed for the day, with another round of questions following in the morning.
Judiciary Committee Chairman Patrick Leahy (D-Vt.) and ranking Republican Jeff Sessions of Alabama jointly announced the end of the eight-hour day, which was broken up by periodic breaks and a 90-minute
lunch recess.
Leahy said Wednesday's questioning will include Sen. Al Franken (D-Minn.) starting at 9:30 a.m. A long list of witnesses are also expected, including New York City Mayor Michael Bloomberg and two firefighters in the New Haven Fire Department case on which one of Sotomayor's rulings was recently overturned.
GOP senators yet to question Sotomayor include John Cornyn (Texas) and Tom Coburn (Okla.) Democrats still yet to question her include Franken, Arlen Specter (Pa.), Amy Klobuchar (Minn.), Sheldon Whitehouse (R.I.), Ben Cardin (Md.) and Ted Kaufman (Del.)
Leahy said Wednesday will also include a closed-door session among senators, as is routine for Supreme Court nominees. The session will include a review of Sotomayor's FBI report.
Senate GOP Whip Jon Kyl (Ariz.) got Supreme Court nominee Sonia Sotomayor to repeat an apology she offered at this morning's confirmation hearing, backtracking on a controversial 2001 remark that appeared to suggest that a "wise Latina" would have a superior judicial mindset than a white man.
Pressing Sotomayor closely as expected, Kyl read aloud from Sotomayor's speeches, suggesting directly that they suggest a clear bias in favor of minorities.
The nominee repeated her regret of the comment, but not until after noting that the concept of experience is valued throughout society, from the American Bar Association to the Senate's own committee structure.
"Life experiences enrich the legal system," she said. "I was talking about the value that life experiences have...The words I chose, taking the rhetorical flourish, were a bad idea. I understand why some read this differently."
Next up to question Sotomayor: New York Democrat Charles Schumer.
Senate GOP Whip Jon Kyl (Ariz.) is now questioning Supreme Court nominee Sonia Sotomayor, and is expected to challenge her strongly for the first time since ranking Judiciary Committee member Jeff Sessions (R-Ala.) this morning.
Kyl is quizzing Sotomayor on the concept of judicial recusals in a past case that involved the Second Amendment, pressing the nominee to explain when she might feel compelled to remove herself from a case. The Arizona senator is also pressing Sotomayor to recall any example of a case when a lawyer asked her to "follow your heart" without citing any legal precedent.
Sotomayor wouldn't take the bait, responding that a judge's sole duty is to apply the law. Earlier, under gentle questioning from Sen. Russell Feingold (D-Wis.), Sotomayor also expounded on the oft-stated quality of "empathy" that President Barack Obama cited in his nomination of her.
"Experiences help judges appreciate the experiences of other people," Sotomayor said. "I try very hard to make sure in my life that I introduce as much experiences of other people's lives that I can."
The RNC has released a new web ad attacking Sonia Sotomayor as a judicial activist.
The ad repeatedly shows a clip of Sotomayor stating "the court of appeals is where policy is made"--a statement she tried to clarify this morning.
"She apparently thinks the judicial branch should look a lot more like the legislative branch," the narrator says, juxtaposing images of the Supreme Court with the U.S. Capitol.
Finally, the ad cites two circuit court decisions--ruling the Pledge of Allegiance is unconstitutional, and overturning California's "three strikes" policy--as examples of judicial activism run amok. Both of those decisions, however, emanated from the ninth circuit court, not the second circuit court, where Sotomayor has served.
I think it's safe to say that Sen. Dianne Feinstein (D-Caif.) will be voting to confirm Sonia Sotomayor.
The California Democratic just gushed to the nominee: "If there's a test for judicial temperament, you pass it with an A++." [Yes, that's two pluses]
Feinstein made the remarks to refute a comparison Republicans have made between Sotomayor and one of President Bush's judicial nominees, Miguel Estrada.
Democrats held up Estrada's nomination to the DC circuit court, citing the Bush administration's refusal to release documents pertaining to Estrada's work for the Solicitor General.
Feinstein said Estrada refused to honestly answer questions, while Sotomayor has been forthright with the Judiciary Committee.
Republicans complain that Democrats held up Estrada's nomination because he was a prominent Latino conservative who might someday make it to the Supreme Court.
A plurality of Americans oppose Sonia Sotomayor's nomination to the Supreme Court, according to a Rasmussen poll released Tuesday.
44 percent of voters told a Rasmussen poll they opposed Senate confirmation for President Obama's choice to join the Supreme Court. 38 percent support Sotomayor, but 18 percent said they were unsure.
Still, a majority of Americans -- 60 percent -- saw Sotomayor's confirmation as likely.
Sotomayor faces almost evenly split favorability ratings from Americans, according to the poll.
45 percent of Americans said they have a very or somewhat favorable opinion of the New York jurist, while 46 percent said they had a somewhat or very unfavorable opinion of her. Nine percent were unsure.
The poll, conducted July 12-13, has a three percent margin of error.
Supreme Court nominee Sonia Sotomayor took a deft dodge when asked by Judiciary Committee Sen. Herb Kohl of Wisconsin her opinion of the court's 2000 decision in Bush vs. Gore that awarded the presidency to George W. Bush.
Sotomayor noted "that case took the attention of the nation," and was unique in U.S. history--but avoided endorsing or condemning the decision.
"I look at the case, and my reaction as a sitting judge is not to criticize it or challenge it. The court took and made the decision it did," Sotomayor said.
The nominee went on to note that "some good came out of the case," such as the changes that many states made in their electoral processes.
Sotomayor also told Kohl that she considers the 1973 decision in Roe vs. Wade that legalized abortion as accepted precedent, in her closest comment to date on the issue of abortion.
When Kohl quizzed Sotomayor on her opinion about allowing cameras in the Supreme Court, Sotomayor replied that she has had "positive experiences" with them in her current courtroom. But she noted that she would not push the issue among her potential new colleagues, explaining that she would want to hear from other justices the court's reasoning against them.
"I wouldn't try to come in with pre-judgments," she said. "
Sonia Sotomayor explained her controversial remark that appeals courts are "where policy is made."
That comment, Sotomayor said, refers to the role of appellate courts in establishing judicial precedent, as opposed district courts, which make judgments of fact.
An appellate court's decision sets a "precedent [that] has policy ramifications, because it binds not just the litigants in that case, it binds all litigants in similar cases," Sotomayor said at her confirmation hearing today.
The nominee claimed that video of her remarks posted online took the comment out of context.
"I think if my speech is heard outside of the minute and a half that YouTube presents...it's very clear that I'm talking about the policy ramifications of precedent," Sotomayor said.
Sen. Jeff Sessions (R-Ala.), who questioned Sotomayor about the controversial remarks, was skeptical of Sotomayor's clarification.
"Judge, I would just say that I don't think it's that clear," Sessions said. "I looked at that tape several times."
Judge Sonia Sotomayor is "within the mainstream" of jurists, a key Republican senator in her confirmation battle said Monday night.
"She's been a judge for 12 years, and when you look at her opinions, she's left of center but within the mainstream," Sen. Lindsey Graham (R-S.C.) said during an appearance on Fox News.
The comments come after a day in which Graham seemed to indicate some support for President Obama's choice to join the Supreme Court, marking a break with more conservative members of the GOP in the Senate -- including Senate Judiciary Committee Ranking Member Jeff Sessions (R-Ala.).
Sessions said Sotomayor is "outside the mainstream" Monday morning during an appearance on CBS.
Indeed, "mainstream" was one of the top buzzwords during yesterday's opening day of hearings before the Judiciary Committee on Sotomayor's nomination.
"Her record shows that she is in the mainstream," Sen. Chuck Schumer (D-N.Y.), Sotomayor's guide through the confirmation proceedings, said during his opening statement on Monday. Sen. Dianne Feinstein (D-Calif.) also praised the nominee's "mainstream legal reasoning" -- before being interrupted by protesters.
Graham gave Sotomayor some other Republican cover yesterday when he told the federal judge she'll likely be confirmed by the Senate, barring a "complete meltdown."
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