Senate Confirmation Hearings

Today's Confirmation Hearings at a Glance

In case you missed it: here’s a quick – albeit somewhat spliced – recounting of the day’s events.

From the right to choose to gay marriage, TV in the courtroom to yes, the inevitable “wise Latina” comment, Judge Sotomayor held her own, remaining composed and eloquent.

What happens next? The Judiciary Committee continues this evening to hear panels of experts from both sides on Judge Sotomayor’s qualifications for the highest court in the land. And then? A Tuesday committee vote and on to the full Senate.

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Sessions Wrong on Sotomayor's "Muddled Testimony"

Senator Jeff Sessions just doesn’t know when to stop. In an interview with CNN this afternoon, he complains that Judge Sotomayor’s responses to his questioning lacked “clarity”—unlike those of Justices Alito and Roberts.

Well, this seems pretty clear

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Biased Critiques of Sotomayor's "Judicial Temperament"

Amid questioning concerning her supposed “aggressive” judicial temperament and “bullying” courtroom demeanor, Judge Sotomayor today emerged from the tussle of the hearings a composed and careful speaker, unwilling to let pointed critiques ruffle her feathers.

Senator Lindsey Graham read comments by attorneys -- as collected in the Almanac of the Federal Judiciary -- that referred to Judge Sotomayor as “temperamental” and “excitable.” However, Senator Graham’s statements that followed took on a decidedly patronizing tone, as he recommended the judge see the confirmation hearings as a time for self-reflection during which she should reconsider her courtroom behavior.

Would Graham have had the same critique of a male nominee? One whose demeanor was overtly hostile at times?

Says the L.A. Times: “[B]eing tough on advocates is de rigeur for the Supreme Court. Lawyers there often barely begin their presentations before they are interrupted by one of the justices. Being able to survive that sort of intense questioning and still deliver your argument is viewed as a badge of honor. If anyone ever asked Antonin Scalia if he had a temperament problem, he'd probably readily agree -- and be proud of it.”

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An Interesting Op-Ed Analyzes Republican Outrage at Sotomayor’s “Wise Latina” Remark

The first day of Judge Sotomayor’s confirmation hearings was replete with opening statements from Republican Senators expressing their concerns about her 2001 “wise Latina” remark: “I would hope that a wise Latina woman, with the richness of her experiences, would more often than not reach a better conclusion than a white male who hasn't lived that life.”

Conservative commentators have latched onto the statement, but Eugene Robinson’s op-ed in the Washington Post today unpacks what their objections imply.

Republicans' outrage, both real and feigned, at Sotomayor's musings about how her identity as a "wise Latina" might affect her judicial decisions is based on a flawed assumption: that whiteness and maleness are not themselves facets of a distinct identity. Being white and male is seen instead as a neutral condition, the natural order of things. Any "identity" -- black, brown, female, gay, whatever -- has to be judged against this supposedly "objective" standard.

Thus it is irrelevant if Justice Samuel A. Alito Jr. talks about the impact of his background as the son of Italian immigrants on his rulings -- as he did at his confirmation hearings -- but unforgivable for Sotomayor to mention that her Puerto Rican family history might be relevant to her work.

It is highly likely that this “wise Latina” remark will be the focal point of questions Judge Sotomayor will face from some members of the Senate Judiciary Committee this week.

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First Day of Sotomayor Confirmation Hearings

Judge Sotomayor’s confirmation hearings began this morning before the Senate Judiciary Committee with the opening statements of Chairperson Leahy and Ranking Member Sessions, followed by each of the remaining members in order of seniority.

Most Senators lauded Judge Sotomayor’s experience on the bench and academic credentials, but Republicans took the opportunity to accuse Sotomayor of being unable to rule impartially.

But Sotomayor's opening statement refuted that, underscoring her “rigorous commitment to interpreting the Constitution according to its terms…and hewing faithfully to precedents established by the Supreme Court and by [her] Circuit Court.

Senator Hatch noted that while he will question Judge Sotomayor vigorously, “[T]he Senate owes some deference to the [P]resident's qualified nominees.” Senator Graham followed suit, stating that “President Obama won. And that ought to matter. It does to me.” He went so far as to add that “unless [Judge Sotomayor had] a complete meltdown,” she would be confirmed.

Tomorrow brings one-on-one questioning by Judiciary Committee members broadcast live, beginning at 10 a.m. Stay tuned for updates as the hearings progress.

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Witness List for Sotomayor Hearing Announced

Today, Senators Leahy and Sessions released the list of witnesses who will testify at the Senate Judiciary Committee’s hearings on Supreme Court nominee Sonia Sotomayor.

We’re happy to see that Arkansas Attorney General Dustin McDaniel will be among those testifying. He was a big hit at our “Four Years of Forty” panel on the Supreme Court that People For hosted at the DNC in Denver last year.

But the list has some disappointments as well, like Peter Kirsanow, who after 9/11 raised the possibility of internment camps for Arab Americans.

If there's a future terrorist attack in America "and they come from the same ethnic group that attacked the World Trade Center, you can forget about civil rights," commission member Peter Kirsanow said.

The reason, he said, is that "the public would be less concerned about any perceived erosion of civil liberties than they are about protecting their own lives."

Not exactly the kind of person who should be front and center discussing an institution that should be devoted to protecting the rights and liberties of ordinary Americans .
 

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Sotomayor Hearings to Begin July 13th

Senator Patrick Leahy (D-VT) announced today that Supreme Court nominee Sonia Sotomayor will begin her confirmation hearings on July 13th. People for the American Way President Michael B. Keegan released the following statement on the announcement:

"Today's announcement is a clear sign that Judge Sonia Sotomayor is on track to be confirmed to the Supreme Court.

Judge Sotomayor is an eminently qualified nominee, and the misguided efforts by some prominent Republicans and their right-wing allies to smear her have failed.

In recent years Supreme Court nominees have traditionally had hearings within two months of being nominated. Today's announcement is consistent with the timeline for nominees of both parties." 

Make sure to sign our petition today, calling on the Senate to confirm Judge Sotomayor to the court.

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