Thanks for joining us for our final day live blogging the Senate confirmation hearings of Judge Sonia Sotomayor including testimony from witnesses. The transcript of day four is below. You can also read the discussion from day one, two, and three here.
| 9:24 | Good morning! |
| 9:24 | I’m Adam Zimmerman, AAUW’s Regulatory Affairs Manager |
| 9:24 | bringing you the final live-blog for the Sonia Sotomayor confirmation hearings! |
| 9:25 | we’ll be underway in a few minutes as senators wrap up the second round |
| 9:25 | Day 3 recap: http://www.nytimes.com/2009/07/16/us/politics/16confirm.html?_r=1&hp |
| 9:28 | last day for senators to ask a quetsion for our list: http://www.aauw.org/advocacy/issue_advocacy/actionpages/upload/sotomayorHearingQuestions.pdf |
| 9:29 | fingers crossed that our Ledbetter and Title IX questions get asked |
| 9:31 | about 20 hours worth of hearing thus far |
| 9:31 | not to mention 20 hour’s worth of live-blogging! |
| 9:31 | the judge is making her way back to the witness table |
| 9:33 | we’re underway |
| 9:34 | senator kyl will kick things off |
| 9:35 | first a discussion about air conditioning and the room temperature |
| 9:35 | oh those crazy senators |
| 9:36 | let’s go back to the Ricci case |
| 9:37 | kyl says her decision in Ricci didn’t uphold any prior supreme court precedent regarding Title VII of the civil rights act of 1964 |
| 9:37 | says she was wrong to say that she was following precedent |
| 9:37 | kyl said that, i mean, not the judge |
| 9:39 | kyl keeps interrupting her answers |
| 9:40 | the SCOTUS majority ruling in the Ricci decision c;aimed there was “little to know” precedent driving the circuit court’s opinion |
| 9:40 | “little to no” i should say |
| 9:41 | sotomayor says she followed a line of previous second circuit cases in reaching her decision |
| 9:43 | the second circuit panel decision stood when the circuit declined to rehear the case “en banc” |
| 9:43 | at the circuit level, cases are initially heard by a small panel of judges |
| 9:44 | depending on how things go, a case could go before the entire circuit |
| 9:44 | this helps keep the caseload manageable for judges |
| 9:44 | who typically hand down in the neighborhood of 30,000 cases per year |
| 9:45 | the second circuit has 13 total seats |
| 9:45 | en banc review of Ricci was rejected 7-6 |
| 9:46 | thats when the appeal was made to the supreme court |
| 9:47 | the biggest circuit in the 9th |
| 9:47 | largely because it includes all of california |
| 9:47 | 29 judges serve on the 9th circuit |
| 9:48 | about 20 percent of the nation’s population is under the jurisdiction of the 9th circuit |
| 9:48 | back on the second circuit, it includes NY, CT, and VT |
| 9:48 | it’s headquartered in manhattan |
| 9:50 | sotomayor has been making the point that the scotus ruling in Ricci explicitly put forward a new standard of review for potential disparate impact cases |
| 9:54 | kyl maintains that even though scotus ruled 5-4 in the Ricci case, in fact all nine justices disagreed with sotomayor’s position in her case |
| 9:54 | hardly, if you read Justice Ginsburg’s dissent |
| 9:56 | [Comment From Lisa] spotted on the AAUW twitter feed: AAUW Kudos to Adam Zimmerman for 20+ hrs of live blogging #sotomayor hearings for #AAUW. No hand cramping reported yet. http://bit.ly/ZnjHU |
| 9:56 | well isn’t that a nice shout-out |
| 9:57 | much obliged! |
| 9:57 | kyl’s round is over, and it’s left him frustrated again |
| 9:58 | [Comment From Lisa] wait, there is an even cooler one! |
| 9:58 | [Comment From Lisa] @happn_in_trendr @LisaMaatz You just set the trend for ‘live blogging’ on @happn_in_dc |
| 9:58 | [Comment From Lisa] That showed up this morning and incorrectly lauded me… but only becasue I keep posting about the great AAUW live blogging on my twitter account |
| 9:58 | a team effort here at AAUW, as always |
| 10:00 | [Comment From Lisa] So that was a nice shout out in the DC area, where of course SCOTUS hrgs are like the superbowl |
| 10:00 | [Comment From Lisa] or perhaps more akin to the world cup since they don’tcome around annually…  |
| 10:01 | it’s an olympic–sized event in this town, that’s for sure |
| 10:01 | sen. feinstein up next |
| 10:02 | feinstein getting into a discussion of women’s rights |
| 10:02 | talking about the suffragette movement |
| 10:03 | and noting that the 19th amendment, which finally legalized voting for women in the entire nation, wasn’t ratified until 1920 |
| 10:03 | feinstein asking how she feels her appointment would advance empowerment for women |
| 10:04 | “my career as a judge has shown me…that my life, what i have accomplished, does serve as an inspiration for others” |
| 10:04 | [Comment From Lisa] wonderful line of questioning …. glad she is doing it |
| 10:04 | i agree, Lisa, it’s mostly gone unspoken during the hearing, ironically enough |
| 10:05 | nice to see it come out explicitly |
| 10:05 | whatever your thoughts on the nomination, it’s historic for a lot of reasons |
| 10:05 | sotomayor: “i understand my responsibility…it’s why i reach out as much as i can to all different kinds of groups” |
| 10:06 | in other words, if you’re wondering why sotomayor has given so many speeches over the years, when judges usually shy away from that…there’s your answer |
| 10:06 | sen. graham up next |
| 10:07 | wants to know if she understands the difference between legislatures making law and nine unelected judges, who serve for lifetime terms, imposing their will on society |
| 10:07 | then graham asked if she knows what 2 + 2 is |
| 10:08 | well, not really, but he may as well have |
| 10:09 | moving into a discussion of marriage, and its definition |
| 10:09 | graham noting that states have all different definitions of marriage, and different rules in terms of mimnimum age, etc |
| 10:10 | graham notes that it’s true on the right and on the left: we try to put people on the court who agree with us |
| 10:10 | i agree with that as well |
| 10:10 | [Comment From Lisa] Just checking — is Graham lecturing her on the constitution??? |
| 10:10 | that’s right, Lisa |
| 10:11 | “senator sotomayor, are you aware that the constitution contains a preamble that starts with ‘we, the people’? |
| 10:13 | graham asking if there is a “legal cookbook” from which judges should draw to make decisions |
| 10:13 | he must have skipped breakfast this morning |
| 10:13 | [Comment From Lisa] A legal cookbook?? |
| 10:14 | yup…”Julia Child’s Guide to Precedent and Stare Decisis…Without the Fat and in less than 10 Minutes!” |
| 10:16 | Graham pounding away at the “fundamental right” of gun ownership |
| 10:17 | he gave such a good opening statement, but his questioning has disappointed me |
| 10:17 | looked like he was very torn on whether to be a statesman or a partisan, and he went with the latter at the end of the day |
| 10:18 | “america is bigger than the bronx, bigger than south carolina” |
| 10:18 | [Comment From Lisa] Luv that comment that got an involuntary laugh out of Sotomayor is Sen. Graham saying “I never thought I’d ever say this, but look at the 9th circuit” |
| 10:21 | Graham moving back into the PRLDEF |
| 10:21 | wants to know if during her time on the board, all of the cases embraced by the group on abortion adovcated a woman’s right to choose |
| 10:24 | [Comment From Lisa] 1981… wow… that was before even I graduated from high school. |
| 10:24 | 1981 was before i came out of the womb |
| 10:25 | graham lauding roberts and alito for differentiating between their time as lawyers in the reagan administration and their time as a judge |
| 10:25 | he must know something we don’t about those things |
| 10:26 | oh good, back to the “wise latina” comment |
| 10:26 | wants to know what she says to those who are bothered by it |
| 10:26 | “I believe my life demonstrates that was not my intent” |
| 10:27 | [Comment From Lisa] he said it was the last question on the wise latina, but I don’t beleive it |
| 10:27 | [Comment From Lisa] not for a minute |
| 10:27 | probably not…cornyn and coburn still haven’t done a second round |
| 10:27 | sen. klobuchar now up |
| 10:28 | (sen. durbin declined a second round, though he is there listening) |
| 10:30 | [Comment From Lisa] She tells a great story, of when she was at a prosecutor, and was doing a press conf with Pres Clinton. Was waiting for it to start… and Hail to the Chief started playing…so she started walking toward the podium… when this hand landed on her shoulder and said “I”m sure you’ll be great, but when that song plays I usually go first. ” Classic. |
| 10:32 | klobuchar reading from letters submitted by various law enforcement groups in support of her nomination |
| 10:38 | a number of questions relating to sotomayor’s ruling in criminal justice cases |
| 10:40 | what would you like history to say about you when all is said and done? |
| 10:40 | “in the end, i hope it will say i’m a fair judge and a caring person, and i lived my life serving my country” |
| 10:40 | senator cornyn now up |
| 10:41 | asks if she feels like she’s been given a chance to explain her record and philosophy |
| 10:41 | she replies in the affirmative |
| 10:43 | cornyn says there’s still ‘confusion” about her statements and comments |
| 10:43 | i agree |
| 10:44 | i’m confused why we’re still talk about her confusion statements and comments |
| 10:46 | “my record talks about who i as a person and what i believe in” |
| 10:46 | [Comment From Lisa] esp because they keep talking about how much they respect and like her in the end |
| 10:47 | cornyn says her judicial record strikes him as in the mainstream |
| 10:47 | says there is a cognitive dissonance…she appears to be a “different person” when making speeches and comments |
| 10:49 | [Comment From Lisa] isn’t she allowed to be? follow precedent and rule of law as a judege. and have her personal views outside work?? |
| 10:50 | fair point |
| 10:50 | some seem to expect judges to be automotans |
| 10:50 | in and out of the courtroom |
| 10:50 | again, if the american people could see the supreme court on tv, they’d see judges who have pretty outsized personalities at times |
| 10:51 | and the public speeches would thus be less “surprising” |
| 10:51 | for their emotional content |
| 10:53 | cornyn asking for her view on the difference between a political contribution and a bribe |
| 10:56 | the issue was brought up as he referenced a law review article she wrote in 1996 |
| 10:57 | didn’t much go anywhere |
| 10:58 | a final foray into race |
| 10:59 | wants to know if she agreed with justice roberts that the best way to stop discrimination based on race is to stop discrimination based on race |
| 10:59 | a statement that was made in his ruling in the Court’s 2007 decision on voluntary school desegregation programs |
| 10:59 | which were struck down in lexington and seattle |
| 10:59 | sotomayor simply says she follows the constitution |
| 11:00 | now wants to know if she agrees with martin luther king’s i have a dream speech |
| 11:00 | next asks if she thinks that puppies are cute |
| 11:00 | sen. specter is up |
| 11:03 | specter getting into some environmental law |
| 11:05 | specter says that in one year in the late 1800s, the Court decided 461 cases! |
| 11:05 | wow |
| 11:05 | the caseload has really dropped precipitously over the years |
| 11:06 | [Comment From Lisa] he asked this yesterday too… that the court could take more cases |
| 11:06 | as we talked about yesterday, john roberts said in his confirmation hearing that the Court should take on more cases |
| 11:07 | but the average number of cases has dropped during his tenure as chief |
| 11:07 | [Comment From Lisa] that seems to be a common thread regardless of party… that and televising the court |
| 11:09 | justice souter was probably the most vocal opponent of televised supreme court proceedings |
| 11:09 | opposition that was even more notable because he rarely spoke about anything in public |
| 11:09 | sotomayor has said that she enjoyed having the experience of cameras in her courtroom as a lower court judge |
| 11:09 | we could see some movement on this issue |
| 11:10 | which clearly has bipartisan support |
| 11:10 | specter says that according to a c-span survey, more than 60 percent wants to see televised hearings |
| 11:11 | as i’ve said this week, i back this idea 110 percent |
| 11:11 | the american public needs to see and learn how the supreme court operates |
| 11:12 | sotomayor says she will certainly relay her positive experience with courtoom cameras to her new colleagues |
| 11:17 | specter is really making an issue of these two things during his questioning |
| 11:17 | the caseload increase is important, he says, in light of the many splits among circuits on similar issues |
| 11:17 | and the need to have the Court step in and resolve them |
| 11:19 | specter wants her to rethink matters pertaining to separation of powers issues |
| 11:20 | he takes a hard line against the court overturning congressional statutes |
| 11:20 | especially when congress bolsters its laws with ample factfinding |
| 11:21 | specter: ‘conventional wisdom is very strong for your confirmation’ |
| 11:21 | specter: ‘you’ve done quite an outstanding job as a witness’ |
| 11:21 | leahy has announced a quick break |
| 11:22 | sen. coburn will be up next when we get back |
| 11:22 | [Comment From Lisa] Yeah, well, 60 votes on the Dem side helps a lot |
| 11:22 | sure does |
| 11:22 | i’d be pretty surprised if the GOP decides to mount any sort of filibuster threat in light of how the hearings have gone |
| 11:32 | by the way our transcript of yesterday’s day 3 blog has been posted: http://blog-aauw.org/2009/07/16/confirmation-hearings-day-three/ |
| 11:32 | for your reading pleasure! |
| 11:33 | following the end of the second round |
| 11:33 | which should occur shortly, as there are only a few senators remaining in the queue |
| 11:34 | a large panel of witnesses will come before the committee to testify |
| 11:34 | on both sides |
| 11:34 | that list, in its entirety, can be found here: http://judiciary.senate.gov/hearings/hearing.cfm?id=3986 |
| 11:36 | and we’re back |
| 11:37 | sen. coburn up now |
| 11:37 | mr. happy |
| 11:38 | sotomayor pledges not to use foreign law to interpret the constitution |
| 11:40 | [Comment From Lisa] hmmm…. she knows it would be presumptuous for her to tell him how to do his job…. lol… wish he knew the reverse was also true |
| 11:41 | ain’t that the truth! |
| 11:43 | coburn again going into incorporation, as it relates to the second amendment |
| 11:43 | [Comment From Lisa] great tie though |
| 11:43 | he’s a well-dressed midwestern gentleman, i’ll give him that |
| 11:43 | [Comment From Lisa] do we know how many more senators have second round questions left? |
| 11:43 | [Comment From Lisa] are they expecting to get into witnesses today? |
| 11:44 | coburn is the final republican for the second round |
| 11:44 | kaufman and franken can still do a second round on the dem side |
| 11:44 | i believe schumer and durbin have both declined that opportunity |
| 11:44 | i’d be surprised if there was a third round, but you never know |
| 11:44 | anyway, witnesses should come this afternoon, after lunch |
| 11:48 | sotomayor says she has a completely open mind regarding incorporation and the second amendment |
| 11:48 | coburn still stuck on the notion that the biggest reason behind adoption of the 14th amendment was the arming of freed slaves |
| 11:48 | wow…sotomayor challenging coburn |
| 11:49 | “would you really want a nominee who came here and said ‘i agree – this is unconstitutional!’ “ |
| 11:49 | coburn agreeing that he doesn’t want to hear how she’s rule |
| 11:50 | [Comment From Lisa] Good for her….. she is more assertive this fourth day, I think… |
| 11:50 | back to abortion |
| 11:50 | Roe and Doe |
| 11:50 | Doe was the companion case which defined the health exception as outlined in Roe |
| 11:52 | Doe is lesser-known, but arguably just as important, and just as big an anathema to the pro-life side |
| 11:52 | Doe v. Bolton: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0410_0179_ZS.html |
| 11:52 | coburn says that ever since 1/22/73, you can have an abortion for any reason in this country |
| 11:52 | which is patently untrue |
| 11:53 | “any reason, any time, any inconvenience” under the health of the woman standard |
| 11:53 | he might as well argue that the earth is flat and the sun rotates around us |
| 11:55 | [Comment From Lisa] Doe and Roe were always in consultation with your doctor |
| 11:55 | [Comment From Lisa] and the right has been steadily chipped away at virtually from the date of the decision… |
| 11:56 | she agrees with coburn that the court rulings on abortion have not settled the country’s debate on the issue |
| 11:56 | well, sure |
| 11:56 | neither have any of the congressional or state statutes |
| 11:56 | or presidential executive orders |
| 11:56 | there will always be an abortion debate in this country |
| 11:58 | The Court’s opinion in Doe v. Bolton stated that a woman may obtain an abortion after viability, if necessary to protect her “health.” The Court defined “health” as follows:
|
| 11:58 | Harry Blackmun’s words from the Doe opinion |
| 11:58 | leahy says that the GOP has asked for a third round |
| 11:59 | which he has granted |
| 11:59 | up to 10 minutes each |
| 11:59 | [Comment From Lisa] and so the debate lives on |
| 11:59 | indeed |
| 12:00 | leahy talking about the guns he owns in vermont |
| 12:00 | he says he’s not worried about sotomayor taking his guns away |
| 12:01 | leahy invited coburn to go target shooting with him |
| 12:01 | [Comment From Lisa] a third round? well, they want the show… in many respects this show if for the benefits of the bases of both parties as much as it is to confirm a judge |
| 12:01 | [Comment From Carrie] That’s a relief. |
| 12:01 | [Comment From Lisa] be curious to see how many Sens use the third round |
| 12:01 | me too |
| 12:01 | i would also like to see leahy and coburn go target shooting together |
| 12:01 | with dick cheney |
| 12:02 | and justice scalia providing play-by-play |
| 12:02 | that’s my idea of a fun afternoon |
| 12:02 | [Comment From Lisa] well, that would tie it all up in a nice SCOTUS bow |
| 12:02 | round two for franken |
| 12:03 | looks like kaufman has declined a second round |
| 12:03 | [Comment From Lisa] Franken is fun. Serious but human… I like his style thus far. he’s a smart guy, clearly. |
| 12:03 | he’s done well |
| 12:03 | franken asks why she wants the job |
| 12:03 | sotomayor telling a story of when she found out about the district court nomination |
| 12:04 | when she told her mom, her mom was very surprised that rather than getting a raise, she’d be taking a big pay cut from her private practice job |
| 12:04 | and surprised that she wouldn’t be able to do much foreign travel anymore |
| 12:05 | so she asked sonia why she would want the job |
| 12:05 | she says it’s all about public service |
| 12:05 | nice human story there |
| 12:06 | “i can’t think of any greater service i could give to the country” than being a scotus judge |
| 12:06 | good quote |
| 12:06 | the only thing that rivals a scotus judge in terms of public service is being a live-blogger |
| 12:06 | [Comment From Lisa] I love her unabashed closeness to her mother…very cool… reminds me of …ME. lol |
| 12:06 | franken stops there |
| 12:07 | third round commencing with senator sessions |
| 12:07 | let the record show that i, too, love my mother |
| 12:08 | sessions asks if she can live on her judicial salary |
| 12:08 | “i’ve been living on the salary for 17 years” |
| 12:08 | pay question for judges is a big issue |
| 12:08 | chief justice roberts actually talks a lot about it |
| 12:09 | the disparity between the pay for judges and private sector litigants leads some to worry that people won’t want to become judges |
| 12:11 | here’s a chart of judicial salaries from 1968-2008: http://www.uscourts.gov/salarychart.pdf |
| 12:12 | compared to what members of congress earn |
| 12:12 | sessions says no one on his side will be looking to filibuster |
| 12:12 | [Comment From Lisa] roll call: Leahy announces a Tuesday vote on Sotomayor — but GOP likely to request a one-week delay. |
| 12:16 | Senate Judiciary Chairman Patrick Leahy (D-Vt.) announced Thursday that he hopes to hold a vote on Sonia Sotomayor’s Supreme Court nomination on Tuesday.However, Republican Members are unlikely to allow for the vote to happen so quickly.
Under committee rules, any Member can force a week delay in the vote, and a senior GOP aide indicated such a request would be forthcoming. Requesting a postponement is “pretty much standard practice now,” the aide said. Leahy made the announcement during a break in the panel’s questioning of Sotomayor, now in her fourth day of hearings. |
| 12:17 | sessions went pretty quick, he’s finished |
| 12:17 | his final questions to sotomayor was whether she lacked focus regarding her Ricci ruling |
| 12:17 | the answer: ‘no, i did not lack focus’ |
| 12:18 | leahy has a letter of support from President Clinton that he’s just entered into the record |
| 12:18 | supporting sotomayor, of course |
| 12:19 | senator hatch is up |
| 12:21 | asking about PRLDEF fund again, and her role in the briefs they filed on reproductive rights cases between 1980-92 |
| 12:22 | “it was not my practice…to review those briefs” |
| 12:26 | on Heller, sotomayor agrees that there was no activism involved…simply each judges making their own interpretation of the law |
| 12:27 | senator grassley is up |
| 12:30 | more discussion of following precedent and not prejudging in advance of a case reacing the bench |
| 12:33 | grassley referencing justice souter’s comments that scotus cases ‘fill vacuums’ in constitutional law |
| 12:34 | she says she would never use another judge’s words |
| 12:34 | she likes to tell her students to use simple words, and just tell people what it happening without resorting to analogies |
| 12:35 | senator kyl is up |
| 12:35 | back to Ricci |
| 12:37 | she declines an opportunity to ‘go back and change’ any of the answers she gave on the case previously |
| 12:39 | there has been a tremendous amount of talk about gun rights in this hearing |
| 12:39 | from both sides of the aisle |
| 12:40 | i’d like to add to that debate with the following link: http://www.bradycampaign.org/xshare/pdf/facts/2008-death-and-injury-stat-sheet.pdf |
| 12:40 | and let that speak for itself |
| 12:42 | sessions says their should be a vote before auguets recess: http://www.nytimes.com/aponline/2009/07/16/us/politics/AP-US-Sotomayor-Senate.html |
| 12:44 | [Comment From Julia] Every day, 48 children and teens are shot – very sad. |
| 12:44 | Julia, I couldn’t agree more…too often the second amendment debate does not include statistics such as these |
| 12:46 | back to senator graham |
| 12:46 | simply an inordinate amount of time spent in these hearings on guns |
| 12:49 | [Comment From Mark] Want to bet if he will mention the “Wise Latina” comment? |
| 12:49 | I’d take odds on it, Mark |
| 12:49 | he’s doing some military law now |
| 12:49 | as we mentioned, graham’s been a member of the JAG corps for about 25 years |
| 12:51 | talking about the status of detained combatants |
| 12:54 | graham going on at length about holding al qaeda members in gitmo |
| 12:54 | turning into quite a stemwinder |
| 12:54 | [Comment From JoAnn] Yeah, but don’t you have to prove that they actually ARE combatants, not unlucky in wrong place |
| 12:55 | military law isn’t my expertise, to say the least |
| 12:56 | obama’s executive orders calls for closing gitmo by january 2010 |
| 12:56 | but he’s run into some congressional opposition regarding funding matters on that issue |
| 12:57 | senator cornyn up |
| 12:58 | more discussion of Heller |
| 12:59 | let’s run that link again: http://www.bradycampaign.org/xshare/pdf/facts/2008-death-and-injury-stat-sheet.pdf |
| 1:02 | sotomayor says she doesn’t describe any judge, or judicial ruling, with the “activist” label |
| 1:05 | senator coburn |
| 1:06 | on the subject of judicial salary, coburn says in 10-15 years we may not be able to pay it due to the deficit and debt |
| 1:07 | coburn turns to the commerce clause |
| 1:07 | he thinks is been used to allow congress virtually unlimited power |
| 1:08 | he’s quoting from the federalist papers |
| 1:08 | talking about limited government with only certain enumerated powers |
| 1:09 | coburn wants Congress “reined in” due to the budget deficits and debt we’re facing |
| 1:09 | he’s asking a number of policy questions that sotomayor will not go near |
| 1:11 | “judgment calls”, as she puts it |
| 1:14 | corbun has concluded |
| 1:15 | leahy taking a few minutes to go through final comments |
| 1:16 | leahy asks how she would vote concerning granting cert |
| 1:17 | on matters pertaining to death penalty stays |
| 1:17 | justices have the power to step in and place injunctions on executions |
| 1:17 | they’re assigned to circuits, where such appeals originate |
| 1:17 | one of leahy’s pet issues is death penalty law |
| 1:18 | as it relates to DNA evidence and the like |
| 1:18 | sessions getting a final word in |
| 1:19 | sotomayor thanking everyone for a fair hearing |
| 1:19 | looks like we’re wrapping up |
| 1:19 | there will be written follow-up questions, of course, to which she will respond |
| 1:20 | sessions placing anti-sotomayor articles in the record |
| 1:21 | record will be held open through 5 pm today |
| 1:22 | and through 5 pm tomorrow for any additional questions in written follow-up form |
| 1:22 | leahy thanking her for “intelligence, patience, and grace” |
| 1:23 | leahy says more than 2,000 people have attended the hearings in-person |
| 1:24 | leahy recesses for 10 minutes |
| 1:24 | sotomayor’s testimony is finished |
| 1:24 | she sat for roughly 24 hours total since Monday |
| 1:24 | when the committee returns, the witness panels will begin |
| 1:25 | as for us |
| 1:26 | our live-blogging will essentially conclude as well |
| 1:26 | but we’ll leave this open for the remainder of the afternoon |
| 1:26 | i’ll post witness testimony as the links come in |
| 1:26 | so everyone has that |
| 1:26 | and we’ll respond to any comments or questions that come in during the afternoon |
| 1:26 | so i’ll keep an eye on things here |
| 1:26 | [Comment From Guest] Great job!! |
| 1:26 | [Comment From Guest] This has been so informative |
| 1:27 | [Comment From Gail] I agree… wish I coulda heard more |
| 1:27 | Many thanks, all…I’ve really enjoyed this as well |
| 1:27 | a lot of good discussion over a historic event, and i’m sure we all learned some things as well |
| 1:27 | [Comment From Lisa] are there links to the witnesses statements? |
| 1:27 | [Comment From Lisa] sorry if you already mentioned that… |
| 1:27 | i’ll be providing them here as we get them |
| 1:28 | here’s the link for Linda Chavez’ upcoming testimony: Statement of Administration Policy
/* Style Definitions */ |
| 1:29 | oops, sorry for ‘statement of admin policy’ in there |
| 1:29 | [Comment From Lisa] Great! I’ll stay tuned… |
| 1:29 | [Comment From Guest] me too…. should be interesting… I read that Ricci guyhs |
| 1:29 | Linda Chavez is the chairman for the center for equal opportunity |
| 1:29 | she is one of the witnesses for the minority |
| 1:30 | so remember, we’ll be leaving this open for the remainder of the day |
| 1:30 | stick around |
| 1:30 | i’ll keep us posted on any major events from the witness panels |
| 1:39 | first witnesses are from the american bar association |
| 1:40 | remember, the ABA gave judge sotomayor a unanimous “well-qualified” rating |
| 1:42 | [Comment From Jonathan] Based on all that you learned about Judge Sotomayor this week, what do you think are her biggest strengths and weaknesses as a potential Justice? |
| 1:42 | Jonathan, great question |
| 1:42 | I think her biggest strength will be experience |
| 1:42 | 17 years on the federal bench |
| 1:43 | which is more experience than any other SCOTUS nominee, as the white house often tells us, in more than a century |
| 1:43 | and that experience has come on both trial courts and appelate courts |
| 1:44 | as far as potential weaknesses |
| 1:44 | she’s not regarded as “game-changer” |
| 1:44 | by the right or the left |
| 1:45 | in terms of a) who she is replacing, and b) in the opinions she’s authored as a member of the bench |
| 1:45 | remains to be seen whether that changes at all |
| 1:46 | but given the makeup of the current court, i think she may have some heavy lifting to do if she wants to bring it in any sort of new direction |
| 1:46 | [Comment From Peggy] Tweet of the day: RT @BlackCanseco SeenOnSotomayor’sNotepad: “I now know how school shootings begin. These bullies will pay.” #scotus #sotomayor |
| 1:46 | [Comment From Guest] Can a witness potentially derail her confirmation? Anita Hill did not for Clarence Thomas, but has it ever occurred historically? |
| 1:46 | The witness panels are generally pro forma |
| 1:46 | in the sense that we pretty much know what they’re going to say before they sit down |
| 1:47 | usually no great surprises |
| 1:47 | but of course, you never know |
| 1:47 | [Comment From Guest] I think you mentioned this previously, but who do you think the next justice to retire will be? Could they and Sotomayor then swing the court in new directions? |
| 1:47 | always a possibility |
| 1:47 | justice stevens is 89, by far the oldest justice |
| 1:47 | justice ginsburg is 76 and is currently battling cancer, as she has done in the past |
| 1:48 | yes they both remain quite active |
| 1:48 | justice ginsburg’s comments in her latest NY Times interview show a judge who has no intention of settling down: http://www.nytimes.com/2009/07/12/magazine/12ginsburg-t.html?ref=magazine |
| 1:49 | testimony from Kim Askew of the ABA: http://judiciary.senate.gov/hearings/testimony.cfm?id=3986&wit_id=5786 |
| 1:50 | as far as the right-of-center judges |
| 1:50 | Justice Scalia is the longest-serving and the oldest…70 years old, been on the bench since 1986 |
| 1:50 | but i don’t think anyone loves being a scotus justice more than nino scalia |
| 1:51 | clarence thomas, sam alito, and john roberts are all in their 50′s |
| 1:51 | and anthony kennedy, well, you could argue quite eprsuasively that he’s far and away the court’s most powerful member |
| 1:51 | in my view |
| 1:52 | assuming justice stevens and justice ginsburg stay healthy |
| 1:52 | this may be the only nomination we see for a scotus vacancy over the next 3-5 years |
| 1:53 | more on the ABA’s standing committee on the federal judiciary, which issues ratings for nominees: http://www.abanet.org/scfedjud/ |
| 1:55 | sheldon whitehouse is chairing this portion of the hearing, by the way |
| 1:58 | for decades, white houses of both parties used the ABA for ratings prior to their announcements of new nominees |
| 1:58 | president bush 43 ended this practice early in his tenure, but president obama reinstated their traditional role |
| 2:02 | someone mentioned anita hill earlier |
| 2:03 | her allegations were originally leaked |
| 2:03 | towards the end of the early part of clarence thomas’ hearings |
| 2:03 | she then came forward to testify |
| 2:03 | so in that case, the explosive witness testimony came as a big surprise |
| 2:04 | unlike what we’re expected to see this afternoon |
| 2:06 | Statement of Administration Policy
/* Style Definitions */ some news on schedule, from an email I just received: Sessions just told reporters in the hallway that he didn’t think the vote would take place next Tuesday as Leahy would like and that GOP Senators would likely invoke the one-week holdover rule. Cited need for time to review the transcript before the votes. |
| 2:07 | don’t know why statement of administration policy keeps coming up when i cute-and-paste, sorry about that |
| 2:07 | it does make my posts sound very official though |
| 2:07 | aba panel has bene excused |
| 2:08 | five-minute recess before the next panel |
| 2:08 | that next panel includes the following |
| 2:08 | Majority
The Honorable Michael Bloomberg Robert Morgenthau The Honorable Dustin McDaniel Wade Henderson |
| 2:08 | Minority
Frank Ricci Lieutenant Ben Vargas Peter Kirsanow, Esq. Linda Chavez |
| 2:09 | note the minority is calling Frank Ricci, and one other firefighter from the new haven case |
| 2:10 | [Comment From JoAnn] What is on the agenda after this? Are there more panels and testimony or might this conclude today? |
| 2:10 | a few witness panels |
| 2:10 | and then that should be all |
| 2:10 | so we could well end today…probably will, in fact |
| 2:11 | the record is being kept open for follow-up questions to sotomayor |
| 2:11 | to which she will respond in writing |
| 2:11 | senators have until 5 pm tomorrow to submit those questions |
| 2:11 | as we see from reports, leahy wants a committee vote on tuesday, but sessions will probably push that back by a week or so |
| 2:13 | slight delay here as witnesses file in |
| 2:16 | [Comment From Guest] Sorry I missed the round of complements earlier. I have been tuned in since Monday and I’ve thoroughly enjoyed AAUWs blog – the insightful comments, useful links and the occasional humorous remarks. Well done Adam. Will you be doing more in the future? |
| 2:16 | many thanks for the kind words |
| 2:17 | this was the first time that AAUW has done a live-blog of a hearing in this fashion |
| 2:17 | i think we’re all pleased with how it’s gone, and will certainly look to do similar events in the future |
| 2:19 | [Comment From Julia] Fantastic – I look forward to hearing more. |
| 2:20 | Appreciate the good wishes, Julia…check out http://www.aauw.org! |
| 2:20 | testimony of dustin mcdaniel, attorney general or arkansas: http://judiciary.senate.gov/pdf/07-16-09McDanielTestimony.pdf |
| 2:29 | sen. schumer back to introduce mayor bloomberg |
| 2:29 | as well as robert morganthau, the manhattan DA for whom sotomayor worked |
| 2:30 | senator cardin now chairing |
| 2:31 | here’s a letter bloomberg sent to the committee earlier this month about sotomayor: http://www.nyc.gov/html/om/html/2009b/pr316-09.html |
| 2:33 | bloomberg’s full testimony: http://judiciary.senate.gov/hearings/testimony.cfm?id=3986&wit_id=5493 |
| 2:34 | one notable quote: I just want to add a caution against those who would suggest that Judge Sotomayor’s service to the Puerto Rican Legal Defense and Education Fund is somehow a negative. That organization is a well-respected civil rights group in New York City, and although we have not always seen eye-to-eye on every issue, there’s no question that it has made countless contributions to our City. Judge Sotomayor should be judged based on her own record, not the record of others in the group. |
| 2:36 | bob morganthau has been manhattan da since 1975 |
| 2:37 | which is the same year that justice stevens, the longest-serving current member of the Court, was appointed by president ford |
| 2:48 | bob moraganthau testimony: http://judiciary.senate.gov/pdf/07-16-09MorganthauTestimony.pdf |
| 2:48 | frank ricci is up |
| 2:48 | we’ll quote from his as we go |
| 2:49 | ‘firefighters across the country have had to take to the courts to vindicate our rights’ |
| 2:49 | he’s describing the nature of the job |
| 2:50 | by the way, in case anyone is wondering: i think frank ricci and his brethren are heroes |
| 2:50 | period |
| 2:50 | “ours is not a job that cannot be handed out without regard to qualification or merit” |
| 2:51 | he’s talking about the studying he did for the promotional exam |
| 2:51 | ‘forefighters who earned promotions were denied them’ |
| 2:52 | ‘this case had everything to do…with ensuring that our command officers could answer the call’ |
| 2:52 | ‘lower courts believe that americans should be reduced to racial statistics’ |
| 2:52 | rules of merit and law need to be followed |
| 2:53 | ‘the more attention our case got, the more some people tried to distort it |
| 2:53 | we should ‘enjoy enjoy the career and advancement we deserve’ |
| 2:54 | ‘when we finally won our case…we understood that we did something important together’ |
| 2:54 | powerful statement |
| 2:55 | ben vargas now speaking, another new haven firefighter |
| 2:55 | anyone have thoughts here? |
| 2:58 | frank ricci full testimony: http://judiciary.senate.gov/pdf/07-16-09RicciTestimony.pdf |
| 2:58 | ben vargas testimony: http://judiciary.senate.gov/hearings/testimony.cfm?id=3986&wit_id=8109 |
| 3:02 | wade henderson testimony: http://judiciary.senate.gov/pdf/07-16-09Henderson%27stestimony.pdf |
| 3:02 | wae henderson is president and ceo of the leadership conference on civil rights |
| 3:02 | on whose excutive board AAUW’s executive director, Linda Hallman, sits |
| 3:10 | testimony of peter kirsanow, a george w. bush appointtee to the u.s. civil rights commission: http://judiciary.senate.gov/pdf/07-16-09KirsanowTestimony.pdf |
| 3:11 | [Comment From Guest] Who is this testifying now? |
| 3:11 | Linda Chavez |
| 3:12 | she’s a conservative commentator, author, and activist |
| 3:12 | in ’01 she was nominated to be president bush’s labor secretary |
| 3:13 | but she withdrew shortly thereafter |
| 3:13 | in the face of reports that she had employed an illegal immigrant in her home |
| 3:14 | she also ran against barbara mikulski for a maryland senate seat in 1986 |
| 3:14 | mikulski won 61%-39% |
| 3:15 | Linda Chavez testimony: http://judiciary.senate.gov/hearings/testimony.cfm?id=3986&wit_id=8111 |
| 3:21 | funny moment just now |
| 3:21 | sen. sessions said to wade henderson, in a nod to some legislation they’re working on |
| 3:21 | “we’re going to do that crack cocaine thing we’ve talked about” |
| 3:21 | amusing turn of phrase from the gentleman from alabama |
| 3:22 | i may or may not have mentioned since monday that jeff sessions was rejected by the senate judiciary committee for a federal district court slot in 1986 due to his racist comments |
| 3:30 | Linda Chvez is extremely conservative |
| 3:30 | can’t imagine how she would have run the labor department |
| 3:33 | here’s charmaine yoest’s testimony, who runs American United for Life |
| 3:33 | strident anti-choice group |
| 3:33 | Statement of Administration Policy
/* Style Definitions */ http://www.aul.org/Sotomayor_Testimony |
| 3:33 | sorry again for the SAP, can’t figure that out |
| 3:34 | anyway, some quotes from yoest’s testimony |
| 3:36 | Statement of Administration Policy
/* Style Definitions */ First, AUL acknowledges that in her seventeen years on the bench, Judge Sotomayor has never had the opportunity to decide directly on whether a law regulating abortion was constitutional. |
| 3:36 | Statement of Administration Policy
/* Style Definitions */ yet despite that fact, AUL also says: |
| 3:37 | Statement of Administration Policy
/* Style Definitions */ webelieve that as a justice, Judge Sotomayor would undermine any efforts by our elected representatives to pass even the most widely accepted regulations on abortion and circumvent the will of the people. |
| 3:37 | interesting dichotomy there |
| 3:41 | bloomberg just said he disagreed with sotomayor’s decision in Ricci |
| 3:42 | interesting admission |
| 3:42 | living up to his independent label |
| 3:46 | [Comment From Fay] Great coverage Adam Zimmerman, my hat’s off to you!. (any finger cramps yet?) |
| 3:46 | Thank you so much, Fay! |
| 3:46 | still going strong over here, though I plan on staying far away from any computers this weekend! |
| 3:50 | [Comment From Lauri] that you for an interesting and informative discussion |
| 3:51 | Thank you so much for all your comments, Lauri! You contributed quite a bit to our discussion this week! |
| 3:59 | there across the board respect for frank ricci and his fellow firefighters |
| 3:59 | talk about empathy |
| 4:00 | honestly, i wish new haven had gotten its test right from the get-go |
| 4:00 | instead, nearly 6 years of litigation have resulted |
| 4:04 | with many conservatives using sotomayor’s ruling as in indication of racism, prejudice, bias, or all of the above |
| 4:04 | all because new haven didn’t get its test right from the start |
| 4:05 | and as specter says, the hearing was too focused on this one case, at the expense of other issues |
| 4:05 | i’d say that gun rights got the most unnecessary attention, though |
| 4:05 | minus a discussion of those consequences |
| 4:07 | cornyn says sotomayor is very well-qualified, “all things being equal” |
| 4:08 | but apparently all things are unequal because of her speeches |
| 4:08 | he wonders if she’d follow “her speeches, or the law”? |
| 4:16 | [Comment From Carrie] ‘he wonders if she’d follow “her speeches, or the law”?’ Well what does her record show? |
| 4:16 | well, carrie, cornyn said earlier that he believes sotomayor’s rulings put her in the mainstream of legal thought |
| 4:17 | and remember, that’s a 17-year record we’re talking about |
| 4:17 | seems to me that aside from Ricci, republicans couldn’t find much in the way of her record to argue with |
| 4:17 | so they focused on the speeches instead |
| 4:17 | and beat that dead horse |
| 4:20 | recap of everything we’ve seen today: http://www.nytimes.com/2009/07/17/us/politics/17confirm.html?hp |
| 4:20 | [Comment From Carrie] Guess they couldn’t find the law in her cases so went hunting for the constitution in her speeches. |
| 4:20 | well-said |
| 4:20 | i think that sums up the situation pretty well |
| 4:20 | the Ricc/Bloomberg panel has been dismissed |
| 4:20 | two more witness panels to go |
| 4:20 | next up |
| 4:21 | Majority
Louis Freeh Chuck Canterbury David Cone Kate Stith |
| 4:21 | Minority
Dr. Charmaine Yoest Sandy Froman, Esq. David Kopel, Esq. Ilya Somin |
| 4:22 | there are three more panels to go, excuse me |
| 4:22 | technically panels V, VI, and VII |
| 4:22 | the one listed above is Panel V |
| 4:22 | the others should go faster, as there will probably be fewer questions directed at them |
| 4:23 | not as many ‘star witnesses’, so to speak |
| 4:23 | if anyone is wondering why former major leaguer david cone is on a panel |
| 4:24 | it’s again due to sotomayor’s 1995 ruling as a district court judge issuing a temporary injunction against the baseball player’s strike |
| 4:24 | aka ‘the ruling that saved baseball’ |
| 4:24 | david cone is a former met and yankee, among other teams |
| 4:24 | Let’s Go Mets, by the way! |
| 4:30 | next panel beginning |
| 4:30 | sen. klobuchar chairing |
| 4:31 | wow, louis freeh has testified before the judiciary cmte over 100 times |
| 4:42 | chuck canterbury testimony: http://judiciary.senate.gov/hearings/testimony.cfm?id=3986&wit_id=8113 |
| 4:43 | david cone now testifying |
| 4:44 | i will always remember the day of the strike |
| 4:44 | august 12, 1994 |
| 4:44 | one of the worst days in my life as a sports fan |
| 4:44 | the ’94 world series was eventually cancelled |
| 4:45 | [Comment From Peggy] I appreciate that you can add a personal perspective to the hearings. = ) |
| 4:46 | Thanks Peggy…gotta put a human face on these things |
| 4:47 | david cone testimony: http://judiciary.senate.gov/hearings/testimony.cfm?id=3986&wit_id=8114 |
| 4:55 | kate stith testimony: http://judiciary.senate.gov/hearings/testimony.cfm?id=3986&wit_id=8115 |
| 4:55 | charmaine yoest now testifying |
| 4:56 | let’s see if we can find some interesting comments on AUL’s website |
| 4:58 | We are faced with an incoming presidential administration that has a stated commitment to advancing an anti-life agenda as a fundamental precept, as well as leadership on Capitol Hill similarly hostile to defending life, both of which have strong ties to a newly energized abortion industry. |
| 5:00 | Planned Parenthood’s legacy is a troubling one of ruined lives and deceptive, politically-motivated promises. For more than 90 years, it has relentlessly pursued an agenda of unapologetic abortion-on-demand, putting profits and ideology above women’s health and safety. |
| 5:00 | interesting website, to say the least |
| 5:05 | sandra froman testimony: http://judiciary.senate.gov/hearings/testimony.cfm?id=3986&wit_id=8117 |
| 5:05 | past president of the NRA |
| 5:08 | in her view, the second amendment “may be considered the ultimate constitutional right because it exists to protect all the others.” |
| 5:08 | that’s interesting |
| 5:08 | i’m a lobbyist |
| 5:08 | that profession is enshrined in the first amendment – the right to petition the government for a redress of grievances |
| 5:09 | does that mean i need a gun to protect my right to lobby? |
| 5:09 | fascinating |
| 5:11 | david kopel testimony: http://judiciary.senate.gov/pdf/07-16-09KopelTestimony.pdf |
| 5:15 | full transcripts of the testimony and Q & A from this week: http://voices.washingtonpost.com/supreme-court/2009/07/questioning_sessions_between_s.html?hpid=topnews |
| 5:21 | ilya somin testimony: http://judiciary.senate.gov/hearings/testimony.cfm?id=3986&wit_id=8120 |
| 5:35 | ok folks, prediction time |
| 5:37 | when the committee vote is held |
| 5:37 | i believe it will be 15-4 |
| 5:37 | i think she will get all 12 democrats |
| 5:38 | and 3 of the seven republicans |
| 5:38 | i believe hatch, grassley, and graham will vote for her |
| 5:38 | while sessions, kyl, cornyn, and coburn will vote no |
| 5:38 | you heard it here first |
| 5:40 | at this point, the committee is in a short recess |
| 5:41 | there are still two witness panels remaining |
| 5:41 | at this point, we’ve reached about 28 hours on the live blog |
| 5:42 | and i think we’ve got to well over 1,000 posts |
| 5:42 | i think now is a good time to draw things to a close |
| 5:42 | before we depart, some final info |
| 5:42 | here are the members of the last two witness panels |
| 5:43 | Majority
The Honorable Nydia Velázquez The Honorable Jose E. Serrano Ramona Romero Theodore M. Shaw Minority Tim Jeffries Neomi Rao Nicholas Quinn Rosenkranz John McGinnis |
| 5:43 | and on the last panel: |
| 5:43 | Majority
Michael J. Garcia Patricia Hynes JoAnne A. Epps Minority David Rivkin, Esq. Dr. Stephen Halbrook |
| 5:44 | if you wish to access links to various witness testimony, just go here: http://judiciary.senate.gov/hearings/hearing.cfm?id=3986 |
| 5:44 | as we’ve seen from news reports |
| 5:44 | chairman leahy has scheduled a committee vote next Tuesday |
| 5:45 | which is July 21 |
| 5:45 | if the Republicans choose to exercise a one-week delay – which seems like – that would put a committee vote at july 28 |
| 5:45 | at that point, the nomination would go to the full senate, where the democratic leadership has pledged a vote before their august recess begins on august 7 |
| 5:46 | that would mean 10 days from committee vote to floor vote |
| 5:46 | we shall see what happens in the coming days and weeks |
| 5:46 | and on that note |
| 5:47 | on behalf of my AAUW colleagues, thanks so much for joining us this week |
| 5:47 | we hope you enjoyed the proceedings |
| 5:47 | it’s been my pleasure to watch and learn with you all – hopefully we can do this again in the not-too-distant future |
| 5:48 | remember to check out our real blog for transcripts of our live blog: http://blog-aauw.org/ |
| 5:48 | so again, thanks very much for coming, and keep enjoying summer! |
Loved reading the blog on the Sotomayor confirmation hearings!!! A Reader’s Digest Condensed version of actually being there while trying to stay awake during the Senators’ political posturing and occasional amazing flights of stupidity. Now retired, I was once AAUW’s field director in the Program and Policy Department, daily stirring up the grassroots in support of AAUW’s public policy program. Reading your blog reminds me that the “shameless agitator” in me is still very much alive and interested in this important Supreme Court nomination. Thanks so much for all your insights and sense of humor while helping readers understand the legislative process, always a human drama. I’m betting on Sotomayor, and hope Ginsburg will stay on SCOTUS for many years more…