Judiciary Watch

Sotomayor deflects criticism of judicial temperament

Day two of Sotomayor’s confirmation hearings concluded with some tough questions regarding the nominee’s judicial temperament from Senator Lindsay Graham, Republican of South Carolina.  The Senator, referencing the anonymous lawyers’ evaluation in the Almanac of the Federal Judiciary, read aloud a string of comments from lawyers who appeared before Sotomayor on the 2d Circuit: “terror on the bench; behaves in an out-of-control manner; she is nasty to lawyers; she’ll attack lawyers for making arguments she does not like; she can be a bit of a bully.”  He concluded by asking Sotomayor if she has a “temperament problem.”

 “No, sir,” she answered, very matter-of-factly.  “I can only talk about what I know about my relationship with the judges of my court and with the lawyers who appear regularly from our circuit. And I believe that my reputation is such that I ask the hard questions, but I do it evenly for both sides.” She conceded without a change in her demeanor, “I do ask tough questions at oral argument.”

Senator Dianne Feinstein, Democrat of California, commended Sotomayor for her grace under fire. “I must say that if there’s a test of judicial temperament, you pass it here with an A plus-plus,” Feinstein said. 

The hearing resumes Wednesday for a second day of questioning from senators.  The Committee will convene at 9:30 a.m. to conclude the first round of questions, with Senators Cornyn, Cardin, Coburn, Whitehouse, Klobuchar, Kaufman, Specter and Franken.  Following a closed session and the lunch break, the Committee will reconvene in the afternoon to begin the second round of questions.

Sotomayor Clarifies "wise Latina" Comment

On the second day of hearings before the Senate Judiciary Committee, Sotomayor began her question-answer session with friendly questions from committee chairman, Senator Patrick J. Leahy, Democrat of Vermont.  Leahy tried to preempt Republican arguments by giving the nominee a chance to explain some of her rulings and comments, including the controversial remark made in 2001 that “a wise Latina woman” might reach a better result than a white male lacking the same depth of experience.

Prompted by questions from Senator Leahy about her position on the Second Amendment and gun rights, Sotomayor said “I have friends who hunt.” She went on to say that she would not prejudge any case that came before her on the Supreme Court. Leahy also questioned Sotomayor about two of her more widely discussed cases, the New Haven firefighters case Ricci v. DeStefano and D.C. v. Heller, a Second Amendment case. Sotomayor said that her decisions in both cases were dictated by precedent, and not on her opinion of what the outcome should be.

Sotomayor's Judicial Philosophy

In her opening statement before the Senate Judiciary Commitee today Judge Sotomayor stated:

"In the past month, many Senators have asked me about my judicial philosophy. It is simple: fidelity to the law. The task of a judge is not to make the law – it is to apply the law. And it is clear, I believe, that my record in two courts reflects my rigorous commitment to interpreting the Constitution according to its terms; interpreting statutes according to their terms and Congress’s intent; and hewing faithfully to precedents established by the Supreme Court and my Circuit Court. In each case I have heard, I have applied the law to the facts at hand.

The process of judging is enhanced when the arguments and concerns of the parties to the litigation are understood and acknowledged. That is why I generally structure my opinions by setting out what the law requires and then by explaining why a contrary position, sympathetic or not, is accepted or rejected. That is how I seek to strengthen both the rule of law and faith in the impartiality of our justice system. My personal and professional experiences help me listen and understand, with the law always commanding the result in every case."

In other news from the hearings Sen. Lindsey Graham, R-S.C., told Sotomayor, "Unless you have a complete meltdown, you're going to get confirmed."