bobbyw24
07-09-2009, 06:14 AM
http://online.wsj.com/article/SB124710167036415721.html
GOP Lowers Its Goals For Sotomayor Hearing
By NAFTALI BENDAVID and JESS BRAVIN
WASHINGTON -- Outnumbered nearly 2-to-1 on the Senate Judiciary Committee and almost as badly on the Senate floor, Republicans have concluded they have almost no chance of defeating Judge Sonia Sotomayor's Supreme Court nomination.
Instead, Republicans plan to use her confirmation hearing beginning Monday to promote conservative legal ideas they hope will pay off in future political battles, particularly if President Barack Obama gets to fill additional vacancies on the Supreme Court.
"It's an educational moment," said Sen. Jeff Sessions of Alabama, the committee's top Republican. In an interview, he said he hopes the Sotomayor hearings will distinguish between what conservatives consider "blindfolded justice calling the balls and strikes fairly and objectively" and Mr. Obama's citing of "empathy" as a judicial qualification.
Some of Judge Sotomayor's published remarks -- including her assertion that a "wise Latina" could reach a better decision than a white male -- "cause us trouble, serious trouble," he said.
Read More
Senators on Sotomayor
Democrats dismiss suggestions that Judge Sotomayor, a former prosecutor who has spent 17 years on the federal bench, skews the law to help those she considers less fortunate.
The White House has trumpeted the top rating she received from the American Bar Association, endorsements from law-enforcement groups, and the support of several conservatives, including Kenneth Starr, the independent counsel whose findings led to the impeachment of former President Bill Clinton.
Despite a handful of controversial comments, critics have unearthed no bombshells in Judge Sotomayor's past. Even Mr. Sessions concedes that her professional qualifications are "very sound," and Republicans have had to lower their definition of success in fighting her confirmation. They now hope to rally conservatives, signal Mr. Obama not to take them for granted, and convince voters that Democrats want biased judges while Republicans favor neutral ones.
Mr. Sessions and other Republicans are particularly exercised about liberal legal theorists, mostly academics, who believe that laws are subjective, usually written to help the powerful, and that judges bring inherent biases to the job.
"The American people need to know that there are some legal fallacies that are being promoted that could injure our legal system," Mr. Sessions said.
Democrats say they favor biased judges no more than Republicans do, but that denying any subjectivity in the legal system is fantasy. Their goal for the weeklong hearing is straightforward -- confirm Judge Sotomayor as quickly as possible.
"The other side will find things that they don't like -- an organization that she may have been a member of, a speech she may have made," says Sen. Dianne Feinstein (D., Calif.), a senior Judiciary Committee member. "But the fact of the matter is that no one on this sitting court has the background and experience of this nominee."
Judge Sotomayor's supporters note that she has been a prosecutor, commercial lawyer, trial judge and appeals judge. Critics cite her membership in the Puerto Rican Legal Defense and Education Fund, which they call radical but which supporters say is a respected civil-rights group.
The biggest remaining obstacle for Judge Sotomayor appears to be her performance at the hearing itself. She is sure to get tough questions on her judicial opinions, such as a ruling by her appellate panel on hiring discrimination that was overruled by the Supreme Court last month.
"If she does poorly at the hearing and comes across as someone who seems as an activist, not qualified for the job, that could hurt her," said Sen. Lindsey Graham (R., S.C.).
Write to Naftali Bendavid at naftali.bendavid@wsj.com and Jess Bravin at jess.bravin@wsj.com
GOP Lowers Its Goals For Sotomayor Hearing
By NAFTALI BENDAVID and JESS BRAVIN
WASHINGTON -- Outnumbered nearly 2-to-1 on the Senate Judiciary Committee and almost as badly on the Senate floor, Republicans have concluded they have almost no chance of defeating Judge Sonia Sotomayor's Supreme Court nomination.
Instead, Republicans plan to use her confirmation hearing beginning Monday to promote conservative legal ideas they hope will pay off in future political battles, particularly if President Barack Obama gets to fill additional vacancies on the Supreme Court.
"It's an educational moment," said Sen. Jeff Sessions of Alabama, the committee's top Republican. In an interview, he said he hopes the Sotomayor hearings will distinguish between what conservatives consider "blindfolded justice calling the balls and strikes fairly and objectively" and Mr. Obama's citing of "empathy" as a judicial qualification.
Some of Judge Sotomayor's published remarks -- including her assertion that a "wise Latina" could reach a better decision than a white male -- "cause us trouble, serious trouble," he said.
Read More
Senators on Sotomayor
Democrats dismiss suggestions that Judge Sotomayor, a former prosecutor who has spent 17 years on the federal bench, skews the law to help those she considers less fortunate.
The White House has trumpeted the top rating she received from the American Bar Association, endorsements from law-enforcement groups, and the support of several conservatives, including Kenneth Starr, the independent counsel whose findings led to the impeachment of former President Bill Clinton.
Despite a handful of controversial comments, critics have unearthed no bombshells in Judge Sotomayor's past. Even Mr. Sessions concedes that her professional qualifications are "very sound," and Republicans have had to lower their definition of success in fighting her confirmation. They now hope to rally conservatives, signal Mr. Obama not to take them for granted, and convince voters that Democrats want biased judges while Republicans favor neutral ones.
Mr. Sessions and other Republicans are particularly exercised about liberal legal theorists, mostly academics, who believe that laws are subjective, usually written to help the powerful, and that judges bring inherent biases to the job.
"The American people need to know that there are some legal fallacies that are being promoted that could injure our legal system," Mr. Sessions said.
Democrats say they favor biased judges no more than Republicans do, but that denying any subjectivity in the legal system is fantasy. Their goal for the weeklong hearing is straightforward -- confirm Judge Sotomayor as quickly as possible.
"The other side will find things that they don't like -- an organization that she may have been a member of, a speech she may have made," says Sen. Dianne Feinstein (D., Calif.), a senior Judiciary Committee member. "But the fact of the matter is that no one on this sitting court has the background and experience of this nominee."
Judge Sotomayor's supporters note that she has been a prosecutor, commercial lawyer, trial judge and appeals judge. Critics cite her membership in the Puerto Rican Legal Defense and Education Fund, which they call radical but which supporters say is a respected civil-rights group.
The biggest remaining obstacle for Judge Sotomayor appears to be her performance at the hearing itself. She is sure to get tough questions on her judicial opinions, such as a ruling by her appellate panel on hiring discrimination that was overruled by the Supreme Court last month.
"If she does poorly at the hearing and comes across as someone who seems as an activist, not qualified for the job, that could hurt her," said Sen. Lindsey Graham (R., S.C.).
Write to Naftali Bendavid at naftali.bendavid@wsj.com and Jess Bravin at jess.bravin@wsj.com