Good morning - welcome to Day 2 of the Senate confirmation hearing for Supreme Court nominee Sonia Sotomayor
The room is slowly filling up...but no Senators or Supreme Court nominees yet. The action is due to start at 9:30 EST/1330 GMT.
Senators and Sotomayor now filing in - she's wearing a brilliant red jacket today after yesterday's bright blue top -- a nod to bipartisanship?
Committee Chair Patrick Leahy opening the proceedings -- senators will get 30-minute chunks of time to question Sotomayor. Word in the press gallery is the hearing could stretch into the evening
Sotomayor is detailing the "acrobatic feats" of the Tarzan Murderer, whom she prosecuted in 1983 after a three-month New York City crime spree:
tinyurl.comSotomayor is defending her appellate decision on the closely watched "New Haven firefighters case", saying she followed precedent as it was at the time
Republican Senator Jeff Sessions is questioning Sotomayor and pressing her about her views on a statement she made about experiences influencing a judge's decision, Sotomayor says prejudices should never influence a judge's decision
Sotomayor defends "wise Latina" quote:
www.reuters.comSotomayor says good judges come from all races, backgrounds:
www.reuters.comSessions hammering Sotomayor on a speech she made which he says argues against impartiality. Sotomayor says the speech was an academic discussion and she does not permit her sympathies, prejudices, or personal views to influence the outcome.
Back to New Haven firefighters case. Sessions criticizes it, saying opinion was short and didn't discuss serious issues raised. Sotomayor says case was decided on existing precedent, the Supreme Court established a new standard.
Sessions asks whether Sotomayor felt Ricci and other firefighters who challenged the city's decision felt their arguments were acknowledged given the short opinion. Sotomayor says "we were very sympathetic" and expressed sympathy to Ricci and the others.
Leahy is now taking the opportunity to remind the hearing that Sotomayor got top rating from the American Bar Association as well as a number of other legal groups -- just in case anybody forgot
Senator Herb Kohl, a Democrat, now asking questions -- wants to give Sotomayor chance to put the New Haven firefighters decision in perspective
Kohl, much friendlier in his questions, asks if Sotomayor's low reversal rate shows she has ability to be faithful to the law. "I believe what the record shows is that I follow the law," she answered.
Kohl asking what she thinks of affirmative action, Sotomayor says what form it takes is always first a legislative determination
Still on affirmative action. Sotomayor says the hope is in 25 years race in our society won't be needed to be considered, but right now there are situations in which there are "compelling" state interests
Kohl asks whether Supreme Court should have decided Bush v. Gore. Sotomayor says as a sitting judge she does not criticize or challenge that decision and notes that such a case only happened once in the lifetime of the country
Sotomayor accepts gun rights decision:
www.reuters.comNow on Griswold vs Connecticut... a right to privacy case... Sotomayor basically says that is the precedent of the court
On to cameras in the court. Sotomayor says has had positive experiences with cameras in the court. On whether cameras should be allowed in Supreme Court, Sotomayor says would go in and try to share her experiences, be collegial and try to come to a conclusion together.
Kohl pressing "but how do you feel" about cameras in the Supreme Court?
Sotomayor -- "we'll have to figure out that issue together" -- and says if confirmed she would be a new voice in the discussion
Kohl switches to term limits for Supreme Court justices who under the Constitution have lifetime tenure.
Sotomayor says the term limits question would have to be considered by Congress first, but in light of the Constitution.
Sotomayor on antitrust cases says on business cases before here she will apply the law as written by Congress and informed by precedent
Hearing on break!
They're back... After senators Hatch and Feinstein, hearing will break at 12:30 pm and resume at 2 pm
First Hatch question on partial birth abortion ban, Sotomayor says she considers all Supreme Court precedent settled law
Second Hatch question is on right to bear arms (he's not any wasting time). Sotomayor says she can't address the question because the Supreme Court is likely to take it up -- "I bring an open mind to every case."
Sotomayor to follow business precedents:
www.reuters.comHatch has already gotten through the first, second, and fourth amendments, Sotomayor, sounding quite Supreme Court-ish, basically is not offering opinions
First the Tarzan Killer, and now nunchucks -- who says Supreme Court hearings are dry? Twitter user @paintgrl asks: "What about throwing stars?"
Hatch back on weapons ban. Sotomayor offers explanation of nunchaku sticks (a martial arts weapon for those not familiar with it). "When the sticks are swung ... they're going to be seriously injured, because that swinging mechanism can break arms ... someone's skull, it could cause not only serious but fatal damage."
Senator Feinstein up now, gives Sotomayor an A-plus-plus for judicial temperament, saying she doesn't use "catchy phrases" and does answer questions correctly
Feinstein shows she's firmly in Sotomayor's court... says the judge is a reserved, factual, considered nomniee who is not an activist as some others are trying to portray
Feinstein asking how courts should balance executive branch expertise in national security with judicial branch's duty to prevent abuse of power
Long Sotomayor response that sums up with: balance and deference needs to be given to executive branch and Congress in certain situations, but Court must protect constitutional rights of individuals and act with caution in reviewing claims before it.
Sotomayor would not comment on endangered species and cap and trade because of cases pending
Lunch Break!! Back at 2 p.m. Senator Grassley first up
Hearing started again
Grassley asking about property rights ... Kelo ... Sotomayor says she shares his view of the importance of property rights
Grassley asks if Kelo was an expansion of previous precedent. Sotomayor says she has to accept the court's decision as precedent and not comment further
Another protester ejected from hearing room. Leahy: "Officer, remove that man immediately"
The man was yelling "baby killer" ...Grassley, who was interrupted, said "I have the ability to turn people on"
front_row
Copyright 2012 Scribble Technologies Inc. All Rights Reserved.
