Confirmation Hearings Day One
July 13, 2009, by adamzimmerman
Missed today’s live blog of Judge Sotomayor’s confirmation hearings. Read the complete transcript below and be sure to join us for day two on Tuesday.
| 9:01 |
AAUW: Good morning AAUW and friends! |
| 9:01 |
AAUW: My name is Adam Zimmerman, and I am AAUW’s Regulatory Affairs Manager |
| 9:02 |
AAUW: We are very glad you can join us for AAUW’s first-ever live-blog of a Supreme Court confirmation hearing |
| 9:03 |
AAUW: The hearing is scheduled to begin at 10 am this morning. We decided to start early to provide some “pre-game” analysis and information |
| 9:05 |
AAUW: To start with the basics: on May 1, Justice David Souter announced his intention to retire from the Supreme Court, which became effective at the end of the Court’s 08-09 term |
| 9:09 |
AAUW: On May 26, President Obama nominated Sonia Sotomayor as his replacement |
| 9:16 |
AAUW: As we said at the time: “Judge Sonia Sotomayor, if confirmed, would become the first Hispanic and only the third woman Supreme Court justice. AAUW is pleased that President Obama selected not only such an experienced nominee, but also a distinguished jurist whose broad range of life experiences would add welcome depth to the court.” |
| 9:18 |
AAUW: A historical note: there have been 110 Supreme Court justices in our nation’s history; Judge Sotomayor would be the 111th. of the 110, 106 of them have been white males! |
| 9:25 |
AAUW: In addition to the nominee herself, this nomination is historic for other reasons |
| 9:25 |
AAUW: For instance, this is the first time a Democratic president has made a Supreme Court nomination since President Bill Clinton nominated Justice Stephen Breyer in 1994 – 15 years ago! |
| 9:26 |
AAUW: And, if confirmed, Judge Sotomayor would be the first woman seated on the High Court since Justice Ruth Bader Ginsburg in 1993 |
| 9:27 |
AAUW: Speaking of Justice Ginsburg |
| 9:28 |
AAUW: She is the subject of a fascinating interview in yesterday’s NY Times magazine, in which she talks about women’s role on the court and the history of women’s issues before the courts over the past several decades |
| 9:30 |
AAUW: For a variety of reasons, then, Judge Sotomayor’s nomination is historic |
| 9:31 |
AAUW: AAUW, for our part, monitors the judicial nominations process because so many of our fundamental rights and liberties have been established and are protected by the federal courts. |
| 9:33 |
AAUW: By the way, I’m pleased to report that we’ve got our first question from the viewing audience |
| 9:34 |
AAUW: Please feel free to make comments and questions…we’ll insert those from time to time to keep the conversation flowing well |
| 9:34 |
[Comment From Daniel Levy]
If confirmed, should we expect Sotomayor’s presence on the Court to shift the balance of power? |
| 9:34 |
AAUW: Thanks for your question, Daniel, it’s a good one |
| 9:35 |
AAUW: In his nearly 20 years on the bench, Justice Souter was regarded as a moderate-to-liberal…even though he was appointed by President George H.W. Bush in 1990 |
| 9:36 |
AAUW: The conventional wisdom is that Judge Sotomayor, if confirmed, would be in a similar mode to Justice Souter |
| 9:38 |
AAUW: Of course, there’s no way to predict the future record of a Supreme Court justice with 100 percent accuracy |
| 9:40 |
AAUW: Sometimes, a justice’s record turns out to be different that what the prognosticators all predicted; Justice Souter, ironically, is a prime example. So it remains to be seen what kind of a justice Judge Sotomayor would become |
| 9:40 |
AAUW: Thanks for your question, Daniel. Once again, to all those in the viewing audience, please feel to add your comments and questions |
| 9:40 |
AAUW: We’re about 20 minutes away from the start of the hearing |
| 9:42 |
AAUW: A little bit of how the hearing will go this morning |
| 9:43 |
AAUW: At 10 am, Senator Pat Leahy (D-VT) will gavel in the start of the session |
| 9:43 |
AAUW: Sen. Leahy is the chairman of the Senate Judiciary Committee |
| 9:44 |
AAUW: The first witnesses to speak will actually be the two senators from New York: Chuck Schumer and Kristen Gillibrand |
| 9:45 |
AAUW: Judge Sotomayor was born in the Bronx, which is why she will be introduced by her two home-state senators |
| 9:45 |
AAUW: Following those introductions, each senator on the committee will have the opportunity to make an opening statement |
| 9:45 |
AAUW: There are 19 senators on the Senate Judiciary Committee |
| 9:46 |
AAUW: Each is afforded up to 10 minutes for an opening statement |
| 9:47 |
AAUW: It’s a process that takes awhile, but it provides each senator the opportunity to expound upon the nominee, or some of the issues they may bring up during questioning. |
| 9:47 |
AAUW: Not to mention it allows all of us to look for clues that may indicate which we they may eventually vote |
| 9:48 |
AAUW: Following opening statements – and an expected break for lunch – Judge Sotomayor will make her own opening statement |
| 9:49 |
AAUW: That statement will be notable – it’ll be her first public comments on her nomination since the day President Obama announced her as his pick back in May |
| 9:50 |
AAUW: It remains to be seen whether, following her statement, the Committee begins the substantive Q & A immediately thereafter or holds off on that until tomorrow |
| 9:50 |
AAUW: Speaking of questions, AAUW submitted a list of questions we’d like to see the senators ask |
| 9:51 |
AAUW: The questions touch on issues of importance to women and girls – pay equity, Title IX, employment discrimination, and reproductive rights, among others |
| 9:53 |
AAUW: We’re particularly hopeful that a senator decides to ask how Judge Sotomayor would have voted had she been on the Court when the Ledbetter case came down |
| 9:55 |
AAUW: Just a few minutes to go before the hearing begins! |
| 9:55 |
AAUW: Again, we welcome comments and questions |
| 10:00 |
AAUW: The hearing is just about underway |
| 10:01 |
AAUW: Senator Leahy is explaining the process to Judge Sotomayor and the audience |
| 10:03 |
[Comment From Peggy]
RT @LisaMaatz: Complete Witness list 4 #Sotomayor hrgs: http://bit.ly/AWktd Gee, wonder what R’s want 2 ask her abt: abortion, affirmative action, guns |
| 10:06 |
AAUW: As Senator Leahy noted, Judge Sotomayor has been nominated to three different federal courts by three different presidents |
| 10:07 |
AAUW: Federal district court: President George H.W. Bush, 1991 |
| 10:07 |
AAUW: Federal appeals court: President Bill Clinton, 1997 |
| 10:07 |
AAUW: And now the Supreme Court – 2009, President Barack Obama |
| 10:10 |
AAUW: Sen Leahy is in the midst of his opening statement, emphasizing Judge Sotomayor’s life story and judicial background |
| 10:13 |
AAUW: Thanks to reader Lisa for the helpful link! |
| 10:13 |
AAUW: Senator Jeff Sessions is reading his opening statement now |
| 10:14 |
AAUW: He’s the ranking Republican on the Senate Judiciary Committee |
| 10:14 |
AAUW: Senator Sessions, that is…who is now reading his opening statement |
| 10:15 |
AAUW: Senator Sessions has an interesting history |
| 10:16 |
AAUW: In 1986, Senator Sessions was nominated to a federal district court by President Reagan |
| 10:17 |
AAUW: However, the Senate rejected his nomination |
| 10:17 |
AAUW: So he now sits on the same committee that rejected his own nomination! |
| 10:17 |
[Comment From Lisa]
Interesting that Sessions himself was the first to bring up “compassion” and the idea of a “wise judge” |
| 10:18 |
AAUW: It’ll be interesting to see how Senator Sessions winds up voting, given his own unique history |
| 10:19 |
AAUW: Senator Sessions is right now arguing against the idea of “empathy” as a quality for a good judge |
| 10:19 |
AAUW: He quoted the infamous words of Chief Justice Roberts during his 2005 confirmation hearings, that judges should be neutral “umpires” |
| 10:20 |
[Comment From Lisa]
Yes, and I believe part of the controversy were comments considered racist that he had made… and of course part of what some conservatives have done is to call Sotomayor “prejudice”, as Sessions just said |
| 10:21 |
AAUW: We can expect many committee Republicans, as Senator Sessions is now doing, to focus on one quote of Judge Sotomayor |
| 10:21 |
AAUW: which has received inordinate attention during the run-up to the hearing |
| 10:21 |
AAUW: At issue is a statement she made in a speech delivered in 2001: “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.” |
| 10:22 |
AAUW: Republicans have attempted to portray that comment as racist |
| 10:22 |
AAUW: when in fact she was making a larger point about diversity of background and how one’s life experience shapes one’s views |
| 10:23 |
[Comment From Lisa]
What might Ginsberg & Sotomayor have in common besides SCOTUS? Here’s a Women’s Enews story on their similarities & differences on gender issues: http://bit.ly/h5nVV |
| 10:24 |
AAUW: Good article there comparing Justice Ginsburg to Judge Sotomayor |
| 10:25 |
AAUW: Sen. Herb Kohl is now making his opening statement |
| 10:25 |
AAUW: Looks like the introductions by Senators Schumer and Gillibrand will come at the conclusion of the formal opening statements |
| 10:26 |
AAUW: earlier, we talked about the historic nature of this nomination |
| 10:26 |
AAUW: here are some more facts to back up that assertion that you may find interesting |
| 10:26 |
AAUW:
Sotomayor Will Bring More Federal Judicial Experience Than Any Jurist in 100 Years to the Bench. Judge Sotomayor has over seventeen years of federal judicial experience, including six years as a judge in the U.S. District Court for the Southern District of New York and eleven years of experience as a judge on the U.S. Court of Appeals for the Second Circuit. [Background of Judge Sonia Sotomayor, White House, 5/26/09; Senate Judiciary Committee, Sonia Sotomayor biography]
|
| 10:28 |
AAUW: Judge Sotomayor, if confirmed, would be the only current justice to have federal district court experience…in fact, she’s the first SCOTUS nominee with federal district court experiences in more than 50 years! |
| 10:28 |
AAUW: For all those watching…what cases or issues do you believe senators will/should ask Judge Sotomayor? |
| 10:30 |
[Comment From Alan Schwartz]
I am interested in finding out more about Sotomayor’s stance on gun control and her thoughts on DC v. Heller. |
| 10:30 |
[Comment From Lisa]
You know, I don’t see the Ricci case as prejudice…and I think they will ask a lot about that… I see her discision as simply based on settled law… stare decisis…I think it is key that judges don’t fold up long standing civil rights law even in the face of tough facts |
| 10:31 |
AAUW: The Ricci case in particular has gotten a lot of attention |
| 10:31 |
AAUW: In Ricci, 20 white firefighters and one Hispanic firefighter sued the city of New Haven, Connecticut, for throwing out the results of a 2003 promotional exam for which they received passing test scores. Since only one Hispanic and not a single African American firefighter received qualifying scores, New Haven feared the test had a disparate impact on minority applicants — which in the city’s estimation would have resulted in a violation of Title VII of the 1964 Civil Rights Act — and thus decided to withhold offering promotions. The suing firefighters, in turn, argued that their Title VII rights protecting them against employment discrimination had been violated by the city’s decision. |
| 10:32 |
AAUW: Judge Sotomayor was involved in this case, which reached the second circuit court of appeals where she currently sits |
| 10:33 |
AAUW: The second circuit upheld a federal district court ruling in New Haven’s favor |
| 10:33 |
AAUW: Judge Sotomayor voted in the majority |
| 10:33 |
AAUW: The case eventually reached the Supreme Court |
| 10:33 |
AAUW: In March, AAUW joined the National Women’s Law Center, in conjunction with the National Partnership for Women and Families, in signing an amicus brief in support of the defendants prior to the oral arguments before the Supreme Court. The brief AAUW signed was in support of the city of New Haven’s position that if the court were to rule in favor of the petitioners, it could severely chill efforts by employers to comply with Title VII and eliminate sex-based barriers in employment. Unfortunately, the court ruled in favor of the petitioners. |
| 10:34 |
AAUW: Again, expect that case to get a lot of attention this week |
| 10:34 |
AAUW: By the way, to see other cases where AAUW is involved on behalf of women and girls, check out our Legal Advocacy Foundation page: http://www.aauw.org/advocacy/laf/ |
| 10:35 |
[Comment From Lisa]
Alan: one of the witnesses is from the NRA for the Republicans, so I suspect the issue will come up |
| 10:35 |
[Comment From Lisa]
Hatch: “Senate owes some deference to president’s selections.” |
| 10:36 |
AAUW: Hatch: “we should applaud Judge Sotomayor’s achievements and her contributions to the community” |
| 10:36 |
[Comment From Thomas]
Hi I am 14 years old and a member of the YDA (young democrats of America), I hope Sotomayor’s confirmation hearings go fast! |
| 10:37 |
AAUW: Glad you’re tuning in, Thomas…good to see that you’re taking an interest in this important event! |
| 10:37 |
AAUW: The hearings should last most of the week |
| 10:37 |
[Comment From Lisa]
I think it’s compelling that Sotomayor is one of a small group of judges nominated to the judiciary by presidents of different parties. |
| 10:38 |
AAUW: Indeed, Lisa…three separate nominations by three different presidents – of both parties! |
| 10:39 |
[Comment From Lisa]
Thomas, I think its so cool you are with us today for this live blogging! |
| 10:39 |
[Comment From Lisa]
As for fast, well, hearings this week… and I think a full Senate vote the first week of August. That is about as fast as it went for Chief Justice Roberts, I think. |
| 10:39 |
[Comment From Judith Hirschfeld]
Lisa — I am pretty sure her nomination by Bush, sr. was largely seen as a compromise for other considerations |
| 10:40 |
AAUW: Judith, thanks for tuning in – indeed, presidents and senators often work together in consultation on judicial nominations |
| 10:40 |
AAUW: it’s a principle AAUW strongly believes in |
| 10:41 |
AAUW: as we say in our position paper on judicial nominations: “With so much at stake, AAUW will remain vigilant and outspoken in urging that the president and Senate work together in a consultative process to ensure that only jurists who are committed to upholding the rights of all Americans—in word and in deed—are considered for these esteemed, lifetime appointments.” |
| 10:42 |
AAUW: Senator Feinstein is now reading her opening statement |
| 10:42 |
AAUW: she is the only woman who serves on the judiciary committee |
| 10:43 |
[Comment From Lisa]
Feinstein to Sotomayor: “Your nomination I view with a great sense of personal pride.” |
| 10:43 |
AAUW: apologies, Sen. Feinstein is one of two women on judiciary |
| 10:44 |
AAUW: the other being Sen. Amy Klobuchar of Minnesota |
| 10:44 |
AAUW: speaking of Minnesota, the newest senator, Al Franken, now sits on the judiciary committee as well |
| 10:44 |
AAUW: we’ll hear his opening statement later |
| 10:45 |
AAUW: not a bad opening assignment for the new guy! |
| 10:45 |
AAUW: our first public disruption of the hearing |
| 10:45 |
AAUW: outbursts happen from time to time…Sen Leahy is taking a no-nonsense approach |
| 10:46 |
[Comment From Thomas]
@Lisa which republicans will vote for Sotomayor? |
| 10:46 |
[Comment From Lisa]
hmmmm… good question Thomas |
| 10:47 |
[Comment From Lisa]
I think at the end of the day, as long as the hearings go well, she will get a vote around 70ish |
| 10:48 |
AAUW: Seven Republicans on the committee…I expect she’ll get at least a few of them |
| 10:48 |
[Comment From Thomas]
@AAUW which next judge on the high court will retire next? |
| 10:48 |
AAUW: always hard to predict, Thomas |
| 10:48 |
AAUW: Justice Stevens, for instance, is 89 years old, but still plays tennis and maintains an active exercise regimen! |
| 10:49 |
[Comment From Lisa]
on the Judiciary Committee, I think she has a good chance to get Hatch and Grassley — what do others think? |
| 10:49 |
AAUW: I think Lindsey Graham could wind up voting for her |
| 10:49 |
AAUW: that’s a tossup |
| 10:49 |
[Comment From Lisa]
Yes, and he has a record in sight,. doesn’t he? longest serving justice ever or something…. |
| 10:50 |
AAUW: Yup…if he stays on through 2012, he’ll become both the oldest and longest-serving justice of all-time |
| 10:50 |
AAUW: Justice Stevens was nominated by President Ford in 1975 |
| 10:50 |
[Comment From Lisa]
Feinstein is talking about repro rights, which I appreciate… but for once I’d love to hear a guy talk about it… they always leave it to the women, even the pro-choice guys |
| 10:50 |
[Comment From Thomas]
well guys i have to go, wish Judge Sotomayor good luck! bye |
| 10:50 |
AAUW: Thomas, thanks so much for commenting and being a part of things |
| 10:51 |
AAUW: feel free to come back and add some more thoughts |
| 10:51 |
[Comment From Lisa]
Graham: if she doesn’t apologize for the “wise Latina” vote, he might not… but he might |
| 10:51 |
AAUW: Sen Grassley on the Republican side is now speaking |
| 10:51 |
AAUW: he’s one of the few non-lawyers on Judiciary |
| 10:51 |
[Comment From Lisa]
Grassley is a conscientious guy, I’ve always thought |
| 10:53 |
AAUW: Sen. Leahy: My review of her judicial record leads me to conclude that she is a careful and restrained judge with a deep respect for judicial precedent and for the powers of the other branches of the government, including the law-making role of Congress. That conclusion is supported by a number of independent studies that have been made of her record, and shines through in a comprehensive review of her tough and fair record on criminal cases. She has a deep understanding of the real lives of Americans, the duty of law enforcement to help keep Americans safe, and the responsibilities of all to respect the freedoms that define America. |
| 10:53 |
[Comment From Lisa]
apparently the protester was an anti-choice protestor “blood of innocents is on your hands” etc and was taken away in handcuffs |
| 10:54 |
[Comment From Lisa]
according to a friend who is there, there are more reporters than public there at the hearing…About 70 public, 40 cameras and 80 reporters |
| 10:55 |
AAUW: speaking of the press |
| 10:55 |
AAUW: a CBS news poll came out this morning, right before the hearing began |
| 10:56 |
AAUW: But what could be most significant is that 62 percent of Americans still are undecided or say they haven’t heard enough about her yet to make a judgment. That is not unusual for a Supreme Court nominee just prior to his or her confirmation hearings |
| 10:56 |
[Comment From Lisa]
Supreme Court is meant to be a legal institution, not a politifal one: Chuck Grassley |
| 10:56 |
[Comment From Lisa]
“The touchstone of being a good judge is to exercise judicial restraint,” Chuck Grassley. See, I think she did that in Ricci… followed precedent. |
| 10:57 |
AAUW: That’s true…the Supreme Court’s Ricci decision is wisely seen as establishing a new standard of review in disparate impact cases |
| 10:57 |
[Comment From Lisa]
ooooo….Grassley is getting into empathy… says empathy standard is just legislating from the bench…. wow |
| 10:58 |
AAUW: President Obama has often discussed his view that empathy is an important quality for a judge |
| 10:58 |
AAUW: expect that to get a lot of talk during the hearing as well |
| 10:59 |
AAUW: Grassley: “I’m looking to support a restrained jurist…committed to the rule of the law and the constitution” |
| 10:59 |
[Comment From Lisa]
Pres Obama was a constituional law professor. I sometimes wonder if he did not open his own can of worms on this one. |
| 10:59 |
AAUW: Sen. Feingold is now up |
| 11:00 |
AAUW: he’s from Wisconsin, as is Herb Kohl…so Wisconsin has bother senators on Judiciary, as does Minnesota |
| 11:00 |
AAUW: pays to be in the mid west! |
| 11:01 |
AAUW: to our viewing audience: where is everybody from? |
| 11:01 |
AAUW: readership has been steadily increasing since we started…keep spreading the word! |
| 11:02 |
[Comment From Lisa]
I am from Cleveland. |
| 11:02 |
AAUW: another midwesterner! |
| 11:03 |
AAUW: Feingold is a very judicious senator, he really keeps his eye on the ball and takes his role seriously |
| 11:04 |
AAUW: Feingold: “judges need great legal expertise…and the ability to understand the impact their decisions have on those around them” |
| 11:04 |
[Comment From Meg]
I’m from Atlanta…my apologies on behalf of the South for Sen. Sessions’ ridiculous accusation that Sotomayor was “prejudiced against White Southerners” |
| 11:05 |
[Comment From Lisa]
“Term judicial activist seems to have lost all usefulness. Now its just a judge who decides a case in a way you don’t like.” |
| 11:06 |
AAUW: Feingold: “Sotomayor will have an opportunity to answer the unsubstantiated charges leveled against her” |
| 11:06 |
[Comment From Lisa]
Well, Meg, you might get redeemed with Graham… he is often reasonable… |
| 11:06 |
[Comment From Ruth]
I’m from the Hudson Valley in NYS. Thanks for doing this! |
| 11:06 |
AAUW: Hi Ruth, thanks for joining…I hail from the Hudson Valley as well, glad to have you! |
| 11:06 |
[Comment From Lisa]
I am amazed at her impressive stoneface… do you suppose its all her years on the bench?? Of not having to give anything away? |
| 11:07 |
AAUW: Probably part of it…she’s also undergone extensive, so-called “murder boards” where White House staff has been doing practice hearing sessions |
| 11:07 |
AAUW: They’ve let her know the drill…still, must be tough to sit through 19 opening statements! |
| 11:08 |
AAUW: Senator Kyl is now up |
| 11:08 |
AAUW: he’s the deputy leader on the GOP side of the senate aisle |
| 11:08 |
AAUW: and also rumored as a potential 2012 presidential nominee |
| 11:08 |
AAUW: it’ll be interesting to see how he approaches the hearings |
| 11:09 |
AAUW: when Sotomayor was confirmed as an appeals court judge in the mid-90s, Sen. Kyl voted against her |
| 11:09 |
[Comment From Lisa]
wow… Kyl just said she judges based on who she thinks should win based on her gender and ethnicity… so does that mean only women and Latinos win in front of her? WOW |
| 11:10 |
AAUW: doesn’t sound like he’s too enthused with her nomination, does it |
| 11:13 |
[Comment From Lisa]
No. In fact, Kyl was pretty much offensive. Everyone else, even Sessions for the most part, at least tried to be nice. Kyl just outright said she chooses who she wants to win based on the person’s identity. |
| 11:13 |
AAUW: Kyl just accused her of endorsing the view that judges should allow biases to guide them, rather than rule of law |
| 11:14 |
AAUW: I wonder how he would square that view with this fact: |
| 11:16 |
[Comment From Lisa]
Seriously. I mean, if she was this imprudent, she’d have been nortorious by now … and never nominated,that’s for sure |
| 11:16 |
AAUW: Kyl makes it sound like she should have been impeached years ago |
| 11:17 |
AAUW: Sen. Schumer is now up |
| 11:17 |
AAUW: my former boss, by the way…always good to see Chuck |
| 11:17 |
AAUW: he’ll split his opening statement into two parts…five minutes now, and five minutes during the official introduction this afternoon |
| 11:18 |
[Comment From Lisa]
He’s been on judiciary committee a while, hasn’t he? |
| 11:18 |
AAUW: Yup, since he came to the senate following the ’98 election |
| 11:19 |
AAUW: Schumer is really sticking it to those who suggest that she rules in a biased fashion |
| 11:19 |
[Comment From Lisa]
ooo…”unlike Justice Alito, she does not come before us with a record number of dissents…” |
| 11:21 |
[Comment From Lisa]
SCHUMER: If standard conservatives use and apply is judicial modesty and humility, should vote for Judge unanimously. |
| 11:22 |
AAUW: some on the GOP side are resorting to hyperbolic attacks against her judicial record |
| 11:22 |
AAUW: Schumer isn’t having it, to say the least |
| 11:23 |
AAUW: Senator Graham is up |
| 11:23 |
[Comment From Matthew Howard Smith]
Mr. Zimmerman, if memory serves, Justice Scalia was approved by the Senate with a vote of 98-0 (two Republican Senators were unavailable for the vote) in 1986. However, the Senate voted to approve Justice Alito by a narrow margin of 58-42 in 2006 (with then-Senator Obama voting against him). I would argue that both nominees were equally idealogically driven. Which scenario is more likely for Judge Sotomayor? And why has the nomination process grown exponentially more contentious in the past two decades? Thank you for answering my question. You are doing a fantastic job. |
| 11:24 |
AAUW: Graham: “unless you have a complete meltdown, you will get confirmed” |
| 11:24 |
AAUW: Thanks for your comment and kind words, Matt, we’re glad you’re with us |
| 11:24 |
AAUW: I’m going to predict somewhere in the middle for Judge Sotomayor |
| 11:25 |
AAUW: Chief Justice Roberts got 78 votes in 2005 |
| 11:25 |
AAUW: I think if all goes well, she stands a decent chance of reaching the mid-70s |
| 11:26 |
AAUW: As for the contentiousness of the hearing process, you’re certainly right about that |
| 11:26 |
AAUW: You can probably go back to Judge Bork’s nomination in 1987 |
| 11:26 |
AAUW: as sort of the line in the sand when it comes to judicial nominations |
| 11:26 |
[Comment From Lisa]
I am not sure what you think, Mr. Zimmerman, but I think it’s gotten more contentious because we have more and more 5-4 decisions…more and more critical issues ending up at the Supreme Court |
| 11:27 |
AAUW: another good point, Lisa…people realize just how closely divided the court is, and the importance of one vote on a number of important issues |
| 11:27 |
AAUW: remember the Ledbetter case in 2007…5-4 decision |
| 11:28 |
[Comment From Lisa]
although, truthfully, I think it will get even more contentious when its trutly a swing vote that retires….. Souter was not a swing vote… |
| 11:28 |
AAUW: Justice Kennedy is largely seen as the swing vote |
| 11:28 |
AAUW: as was Justice O’Connor back in her day |
| 11:28 |
AAUW: Lewis Powell before that |
| 11:29 |
AAUW: those retirements are really where the rubber hits the road |
| 11:30 |
AAUW: Sen Graham has given a very interesting opening statement |
| 11:30 |
AAUW: he’s a bit of an independent voice on the GOP side of the committee |
| 11:30 |
AAUW: Graham: “don’t know how I’m going to vote…my inclination is that elections matter” |
| 11:30 |
AAUW: in other words, he seems to be allowing deference to a president’s nominees |
| 11:31 |
AAUW: wow…Graham just called out senators for deciding to vote against a nominee simply because they may wind up running for president |
| 11:31 |
AAUW: and they don’t want to upset the party “base” |
| 11:32 |
AAUW: hear that, Senator Kyl? |
| 11:32 |
[Comment From Matthew Howard Smith]
I agree that Senator Kennedy’s fiery speech in which he chastised Judge Bork can be seen as a turning point. I also agree that when a “swing seat” arises, things will get intense. Who can predict the political climate at that time. Thank you for addressing my questions. |
| 11:33 |
AAUW: Good point about senator kennedy matt…sad that he’s no longer on judiciary |
| 11:33 |
AAUW: not to mention Joe Biden, who also served on Judiciary for years…he, of course, is now VP |
| 11:33 |
AAUW: Senator Cardin is now up, the last statement before a 10-minute break |
| 11:35 |
AAUW: Cardin is talking about immigration to America, and how people were attracted to their american ideals of law and fairness |
| 11:35 |
[Comment From Lisa]
is there a link for Graham’s statement? |
| 11:35 |
AAUW: Noy yet, I’ll send around as soon as it’s posted |
| 11:36 |
AAUW: Cardin is discussing the seminal case of Brown v. Board of Education |
| 11:37 |
AAUW: and Thurgood Marshall’s impact, both as advocate, and later a SCOTUS justice in his own right |
| 11:37 |
[Comment From Lisa]
Glad Leahy set the Estrada record straight there at the end, before Cardin started his statement |
| 11:38 |
AAUW: Cardin is describing the impact congressional laws and supreme court decisions have had on ending discrimination in america |
| 11:42 |
AAUW: Cardin: “thank you for your willingness to take on these great responsibilities” |
| 11:43 |
AAUW: Leahy just announced a 10-minute recess |
| 11:43 |
AAUW: let’s turn it over to your thoughts…what does everyone think so far? |
| 11:44 |
AAUW: anything jump out at you during the opening statements? |
| 11:44 |
AAUW: for my money, I thought Linsey Graham’s was extremely interesting |
| 11:44 |
AAUW: I’m going to keep a close eye on his questions, very curious to see how he’ll wind up voting |
| 11:45 |
AAUW: Many on the Dem side are stressing her life story and record on the bench |
| 11:45 |
AAUW: Senator Schumer in particular took on charges that she approaches her decisions through a personal biased lens, citing statistics that show clearly otherwise |
| 11:45 |
[Comment From Lisa]
Kyl’s was opening hostile… I was suprised by how hostile to someone who, as Graham said, is likely for confirmation |
| 11:46 |
AAUW: This goes back to reader Matt’s comments about the contentiousness of these hearings |
| 11:46 |
[Comment From Ruth]
I found Schumer’s analysis of her cases quite interesting. It certainly places her in the mainstream. |
| 11:46 |
AAUW: Agreed, Ruth…the statistics bear out that she has very often voted in the majority, even with her Republican colleagues most of the time |
| 11:47 |
AAUW: the hyberbolic attacks by the likes of Senator Kyl are just brazenly political |
| 11:48 |
[Comment From Lisa]
Yes, they certainly have gotten into the points of contention very quickly… |
| 11:49 |
[Comment From Lisa]
That, I think, is because she is inclined to follow precedent… that is the sign of a good judge, I think…don’t disrupt things unless it is absolutly necessary |
| 11:49 |
AAUW: Still a number of opening statements to go |
| 11:50 |
AAUW: On the Dem side: Durbin, Whitehouse, Klobuchar, Kaufman, Specter, and Franken |
| 11:50 |
AAUW: Keep an eye on Specter, who of course recently switched parties…this is his first SCOTUS nomination as a Democratic senator |
| 11:51 |
[Comment From Guest]
My favorite tweet so far: RT @minsd I say a shot of Bacardí everytime someone says “wise latina” (via @lablogadera) #Sotomayor # SCOTUS #confirmation |
| 11:51 |
AAUW: Nothing like a little humor to inject some levity! |
| 11:51 |
AAUW: On the GOP side, Cornyn and Coburn have yet to speak |
| 11:52 |
AAUW: The guess going into things was that Sotomayor would be up at about 2 pm |
| 11:53 |
AAUW: With 8 more opening statements, plus an hour lunch break upcoming, I’d say that will be pushed back |
| 11:53 |
AAUW: Maybe around 3 or 3:30 if they stay on task |
| 11:53 |
[Comment From Lisa]
and a shot of vodka everytime someone says empathy!! |
| 11:53 |
AAUW: Glad to see our readers are entertained |
| 11:53 |
AAUW: that’s what we strive for! |
| 11:54 |
[Comment From Lisa]
I am thinking Coburn and Cornyn esp will be like Kyl…. |
| 11:54 |
AAUW: I’m inclined to agree |
| 11:55 |
AAUW: the grahams and grassleys and hatches tend to come at things from a very different angle than the kyls and coburns and cornyns on the committee |
| 11:55 |
[Comment From Lisa]
when do the witnesses talk? |
| 11:55 |
AAUW: The witnesses go after Sotomayor goes through the full Q & A |
| 11:55 |
AAUW: look for those on Wednesday and Thuirsday of this week |
| 11:56 |
AAUW: looks like they may be starting back up now |
| 11:56 |
AAUW: the ten minute recess has lasted about 14…not bad for the Senate! |
| 11:58 |
AAUW: Readership continues to increase, thanks to everyone for coming |
| 11:59 |
AAUW: for those new to the forum, here’s a refresher for AAUW’s output since the nomination, while we’re waiting for the recess to end |
| 12:00 |
AAUW: hearing has resumed |
| 12:00 |
AAUW: sen. cornyn is up now |
| 12:02 |
[Comment From Lisa]
RT @blogdiva WHAT WOULD IT TAKE FOR THE GUY AT @CSPAN TO NOT SAY “sotoMAYER”?!?! I mean, seriously! it’s SO-TO-MA-YOR. ARGH! |
| 12:03 |
[Comment From Lisa]
Sorry, just had to share that since people keep mispronouncing her name. |
| 12:04 |
AAUW: Sen. Cornyn is speaking to his view of “judicial activism” |
| 12:04 |
AAUW: and how the Court has “invented new rights…out of whole cloth” |
| 12:05 |
[Comment From Lisa]
invented new rights and neglected others — don’t forget he thinks that others have been neglected…. |
| 12:06 |
AAUW: Cornyn believes the Court needs to return to the written constitution…in his view, the Court has strayed too far from what’s in the text |
| 12:07 |
AAUW: Alan, you asked earlier about the DC gun case…Cornyn cited this case as an example of how the Court should rule |
| 12:08 |
[Comment From Lisa]
Cornyn thinks the current court has gone off track, which is fascinating since it is dominated by Republican appointees-conservatives |
| 12:09 |
AAUW: that’s true…the only judges on the current court appointed by a Democratic president are Justices Ginsburg and Breyer |
| 12:10 |
AAUW: all the other current justices are there thanks to Republican Presidents: Ford (Stevens), Reagan (Scalia, Kennedy), Bush 41 (Thomas), and Bush 43 (Roberts, Alito) |
| 12:10 |
AAUW: Justice Souter, who was also put on by Bush 41, has formally retired…there are technically 8 justices currently serving. |
| 12:11 |
AAUW: sen. whitehouse is now up |
| 12:11 |
AAUW: he’s the former attorney general of Rhode Island |
| 12:12 |
AAUW: whitehouse: judicial activism is “code for those seeking a particular kind of judge who would offer a particular kind of outcome” |
| 12:13 |
AAUW: Whitehouse is going after Roberts’ comments about judges being umpires, citing statistics that bear out Robert’s own “activism” since he joined the High Court |
| 12:14 |
AAUW: and he just talked about Ledbetter case as a prime example of where Roberts voted in direct contrast to congressional law/intent |
| 12:17 |
[Comment From Lisa]
Ledbetter spoke at AAUW’s convention … she was so wonderful… |
| 12:19 |
[Comment From Lisa]
imagine taking your case, a case like Lilly Ledbetter’s, before a court that did NOT have empathy. That is not the basis of the decision, but judges should know how the law affects people’s everyday lives… I think that is waht Whitehouse is trying to say |
| 12:20 |
AAUW: sen. coburn is now up…this should be interesting |
| 12:20 |
AAUW: he’s probably the most conservative member of this committee…perhaps even in the entire senate |
| 12:22 |
AAUW: coburn seems distressed with the criticism directed at john roberts |
| 12:22 |
AAUW: I, for one, am more concerned with Robert’s vote in Ledbetter |
| 12:24 |
[Comment From Lisa]
that was a case of judiical activism, 40 years of precedent and EEOC policy turned on its head |
| 12:25 |
[Comment From Lisa]
RT @rollcall Photo of the Day: Leahy, Sessions welcome Sotomayor to the hearing. http://twitpic.com/a8f51 |
| 12:27 |
AAUW: Coburn is concerned that Sotomayor’s philosophy “might be in contrast” to the rule of law and the constitution |
| 12:27 |
[Comment From Lisa]
isn’t it a little insulting to repeat the oath to her again, Sen. Coburn, as if she needs to hear it again to truly understand it? |
| 12:28 |
AAUW: anyone else think sen. coburn’s statement is more than a little paternalistic? |
| 12:29 |
[Comment From Lisa]
Coburn is a doctor, right? so another non-lawyer from the committee |
| 12:29 |
AAUW: That is right |
| 12:29 |
AAUW: i believe 5 of the 19 committee members are non-lawyers |
| 12:29 |
AAUW: coburn’s opening statement is the last of the GOP members |
| 12:30 |
AAUW: sen. durbin is next |
| 12:30 |
AAUW: following his statement, the committee will recess for lunch until 2 pm |
| 12:30 |
AAUW: and statements will resume anew |
| 12:31 |
[Comment From Lisa]
She met with 89 different sens… wow… except Inhofe… didn’t he refuse to meet with her?? |
| 12:31 |
AAUW: this is correct…I believe he was the first to announced his formal opposition |
| 12:32 |
AAUW: sen brownback of kansas, a former judiciary committee member, also announced he will be voting no |
| 12:32 |
AAUW: our second public disruption |
| 12:32 |
AAUW: another arrest has just been made |
| 12:32 |
AAUW: Tom Coburn has just lectured the arrested man about his rights |
| 12:33 |
AAUW: just kidding! |
| 12:33 |
AAUW: Durbin: “we need justices whose experience come not just from law books, but from life.” |
| 12:34 |
AAUW: great line from durbin about roberts’ line about umpires: “it’s a little hard to see home plate from right field” |
| 12:35 |
AAUW: Durbin discussing Lilly Ledbetter…her case has gotten a lot of airtime this morning |
| 12:35 |
AAUW: Durbin described the court’s ruling in Ledbetter as one that “defied common sense” |
| 12:35 |
AAUW: we couldn’t agree more |
| 12:38 |
AAUW: sen. durbin has finished…the committee is now in recess until 2 pm |
| 12:38 |
AAUW: four opening statements are left: specter, klobuchar, franken, and kaufman |
| 12:38 |
AAUW: looks like Sotomayor will get her chance to speak at about 3 pm |
| 12:39 |
AAUW: in the meantime, your intrepid blogger will lunch at his desk and keep the forum open for comments and discussion |
| 12:39 |
AAUW: feel free to submit questions and we’ll keep the conversation going |
| 12:39 |
AAUW: Thanks again for joining us…we’re very glad to have you all here! |
| 1:13 |
AAUW: some notable statistics on judge sotomayor’s record, taken from sen. schumer’s statement |
| 1:13 |
AAUW: Instead, her record shows that she is in the mainstream:- She has agreed with your Republican colleagues 95 percent of the time;- She has ruled for the government in 83 percent of immigration cases;- She has ruled for the government in 92 percent of criminal cases;- She has denied race claims in 83 percent of cases;
- She has split evenly in a variety of employment cases. |
| 1:40 |
AAUW: 20 minutes until the committee is expected to return |
| 1:50 |
AAUW: 10 minutes to go |
| 1:50 |
AAUW: Keep in kind that we will do this all again tomorrow |
| 1:50 |
AAUW: as we delve into the meat-and-potatoes Q & A session |
| 1:50 |
AAUW: there might be some questioning today after the opening statement, but the majority of it will occur tomorrow |
| 1:51 |
AAUW: so stay with us the rest of the afternoon, and come back and join us again tomorrow |
| 2:00 |
AAUW: committee members are filing back in |
| 2:01 |
AAUW: we’ll be back underway momentarily |
| 2:02 |
AAUW: senator klobuchar is now up |
| 2:03 |
AAUW: sen. klobuchar related the story of judge sotomayor’s mother saving money to buy her and her brother a set of encyclopedias |
| 2:05 |
AAUW: sen. klobuchar is discussing the humble beginnings of justice harry blackmun, who was from her home state of minnesota |
| 2:05 |
AAUW: of course, Justice Blackmun is most famously the author or Roe v. Wade |
| 2:07 |
AAUW: sen. klobuchar told the story of former justice sandra day o’connor, who graduated third in her class from stanford law, yet could only get legal secretary positions upon her graduation |
| 2:07 |
AAUW: shows you how far women have come in the legal profession |
| 2:08 |
AAUW: although, there is still a ways to go |
| 2:09 |
AAUW: As of May 2009, only 47 of the nation’s 164 federal appeals court judges were women – less than 30 percent. |
| 2:09 |
AAUW: An even smaller percentage of women judges, roughly 25 percent, constituted the makeup of federal district courts in 2008 |
| 2:10 |
AAUW: this even though women now make up nearly half of all law school graduates |
| 2:11 |
AAUW: senator kaufman is now up |
| 2:12 |
AAUW: sen. kaufman is joe biden’s replacement on the committee |
| 2:15 |
AAUW: kaufman: “what strikes me most about your record…is that there appear to be no biases” |
| 2:20 |
AAUW: sen. specter up now…remember, he used to be the republican chairman of the committee, and led it during the confirmations of chief justice roberts and justice alito |
| 2:20 |
AAUW: specter: “you bring excellent credentials” |
| 2:21 |
AAUW: specter is discussing the limited number of cases SCOTUS now decides |
| 2:21 |
AAUW: only 67 signed opinions in 2007 |
| 2:21 |
[Comment From Guest]
ah, the senator everyone has been waiting to hear from… well, except for maybe Franken…. |
| 2:24 |
AAUW: as our nominations position paper indicates, the court decided more than 140 cases dutring the 1981-82 term |
| 2:24 |
AAUW: nowadays we generally get half of that total |
| 2:25 |
AAUW: this goes to the importance of the federal appeals courts as well |
| 2:25 |
AAUW: During fiscal year 2008 the federal circuit courts of appeals received filings for more than 61,000 cases and district courts received filings for more than 338,000 |
| 2:29 |
AAUW: among other topics, specter will ask her whether she thinks SCOTUS hearings should be televised |
| 2:30 |
AAUW: senator franken is up next |
| 2:30 |
AAUW: the final opening statement |
| 2:30 |
AAUW: as franken noted, this hearing is taking place less than a week after senator franken was finally seated |
| 2:32 |
AAUW: a thid public disruption |
| 2:32 |
[Comment From Guest]
Woo Hoo…. Franken says he wants to follow Wellstone’s example of bipartsan partnership |
| 2:32 |
[Comment From Guest]
Franken said this is first senate jud confirmation hrg Kennedy has not attended since 1965 |
| 2:32 |
AAUW: that is a pretty amazing statistic |
| 2:33 |
AAUW: sen franken says he looking forward to learning from and working with all the members of the committee |
| 2:34 |
AAUW: franken: “americans of all backgrounds have a huge stake in who gets seated on the supreme court” |
| 2:37 |
AAUW: Franken believes that the Court has not shown “appropriate deference” to the elected branches of government in recent times |
| 2:37 |
[Comment From Guest]
Franken is looking pretty senatorial for only a few weeks in |
| 2:39 |
AAUW: Franken: the Court is the “last place women can go” to protect their reproductive rights |
| 2:39 |
AAUW: opening statements have now concluded |
| 2:40 |
AAUW: next up: senators schumer and gillibrand for official introductions |
| 2:40 |
AAUW: following that: sen. leahy will administer the path to Judge Sotomayor |
| 2:41 |
AAUW: schumer: sotomayor “one of the most qualified supreme court candidates in american history” |
| 2:43 |
AAUW: schumer is discussing the judge’s compelling life story, the daughter of a single mom in a working class Bronx neighborhood |
| 2:44 |
AAUW: wow…schumer just got emotional when he talked about judge sotomayor being a role model for today’s young women |
| 2:45 |
AAUW: on a personal note, I have known sen. schumer for eight years…and that is the second time I have seen him cry |
| 2:45 |
AAUW: this nomination is emotional for a lot of people, for a lot of reasons |
| 2:46 |
AAUW: sen. gillibrand is now up |
| 2:47 |
AAUW: Gillibrand: “as a woman, I take great pride in this nomination” |
| 2:49 |
AAUW: Gillibrand: Supreme Court has overturned only three of Judge Sotomayor’s more than 400 published opinions |
| 2:52 |
AAUW: gillibrand has run over her allotted five minutes |
| 2:53 |
AAUW: leahy has stopped her |
| 2:53 |
AAUW: and is looking rather annoyed, truth be told |
| 2:53 |
AAUW: sen. leahy is now swearing her in |
| 2:53 |
AAUW: cue the cameras |
| 2:54 |
AAUW: flashbulbs popping |
| 2:54 |
[Comment From Lisa]
ooooo… Gillibrand gets the hook, now the real show begins |
| 2:54 |
AAUW: judge sotomayor is now speaking |
| 2:55 |
AAUW: we have a copy of her full testimony |
| 2:55 |
AAUW: i’ll publish a link once it’s posted online |
| 2:55 |
AAUW: some notables paragraphs from her statement: |
| 2:55 |
AAUW: “I want to make one special note of thanks to my mom. I am here today because of her aspirations and sacrifices for both my brother Juan and me.”
|
| 2:56 |
AAUW:
My parents left Puerto Rico during World War II. I grew up in modest circumstances in a Bronx housing project. My father, a factory worker with a third grade education, passed away when I was nine years old.
On her own, my mother raised my brother and me. |
| 2:56 |
AAUW:
Our achievements are due to the values that we learned as children, and they have continued to guide my life’s endeavors. I try to pass on this legacy by serving as a mentor and friend to my many godchildren and students of all backgrounds.
|
| 2:57 |
AAUW: Over the past three decades, I have seen our judicial system from a number of different perspectives – as a big-city prosecutor, a corporate litigator, a trial judge and an appellate judge. |
| 2:57 |
AAUW: My first job after law school was as an assistant District Attorney in New York. There, I saw children exploited and abused. I felt the suffering of victims’ families torn apart by a loved one’s needless death. And I learned the tough job law enforcement has protecting the public safety. In my next legal job, I focused on commercial, instead of criminal, matters. I litigated issues on behalf of national and international businesses and advised them on matters ranging from contracts to trademarks. |
| 2:58 |
AAUW:
My career as an advocate ended—and my career as a judge began—when I was appointed by President George H.W. Bush to the United States District Court for the Southern District of New York. As a trial judge, I decided over four hundred and fifty cases, and presided over dozens of trials, with perhaps my best known case involving the Major League Baseball strike in 1995.
After six extraordinary years on the district court, I was appointed by President William Jefferson Clinton to the United States Court of Appeals for the Second Circuit. On that Court, I have enjoyed the benefit of sharing ideas and perspectives with wonderful colleagues as we have worked together to resolve the issues before us. I have now served as an appellate judge for over a decade, deciding a wide range of Constitutional, statutory, and other legal questions |
| 2:59 |
AAUW: 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. |
| 3:00 |
AAUW:
My personal and professional experiences help me listen and understand, with the law always commanding the result in every case.
|
| 3:01 |
AAUW:
I now seek the honor of upholding the Constitution as a Justice on the Supreme Court.
I look forward in the next few days to answering your questions, to having the American people learn more about me, and to being part of a process that reflects the greatness of our Constitution and of our nation. Thank you.
|
| 3:02 |
AAUW: judge sotomayor’s statement has concluded |
| 3:02 |
AAUW: Leahy has announced that the committee will stand in recess until 9:30 tomorrow morning |
| 3:03 |
AAUW: there will be no Q & A today…that will begin straight away tomorrow morning |
| 3:03 |
AAUW: please note: we will be back here, live-blogging the day’s events, tomorrow morning |
| 3:03 |
AAUW: we’ll be on a little bit before 9:30 to get things started |
| 3:04 |
[Comment From Lisa]
wow… short and sweet |
| 3:04 |
[Comment From Lisa]
But that gives them less to pic a part, and its not like the committee does not have hundresd of pages of written questions she has already answered |
| 3:04 |
[Comment From Julia]
I agree with you Lisa – I think she is saving her energy for tomorrow, she’ll need it! |
| 3:05 |
AAUW: Good point, Julia…tomorrow promises to be an even longer day for everybody! |
| 3:06 |
AAUW: we’re looking forward to see whether they get asked |
| 3:06 |
AAUW: and on that note |
| 3:07 |
AAUW: on behalf of everyone at AAUW, thank you very much for joining us today, and we look forward to a big day of Q & A tomorrow morning at 9:30 – see you then! |
Posted in Equity in the News | Tagged confirmation hearings, SCOTUS, Sonia Sotomayor | Leave a Comment
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