Sen. Jeff Sessions, the top Republican on the Senate Judiciary Committee, said on Monday he will vote against confirming Supreme Court nominee Sonya Sotomayor. joining fellow Republican Sens. John Cornyn and Orrin Hatch, R-Utah, who also sit on the panel.

Their opposition can’t block Sotomayor’s confirmation, as Republicans are outnumbered on the committee and Democrats control 60 votes, enough to make her the first Latina Supreme Court Justice when the full Senate votes next week.

Sessions said in an opinion piece in USA Today that he had a difficult time believing that Sotomayor would not be an activist judge, despite testimony in which she pledged to be objective.

“In the end, her testimony served as a repudiation of judicial activism,” Sessions wrote. “But pledging fidelity to the law and practicing judicial restraint are different things. Which Sotomayor will we get?”

Sessions noted cases that the Judiciary Committee examined, including her decision to support a ruling to throw out the test scores of white firefighters because no blacks performed well enough to win promotions.

Sessions said he does not believe Sotomayor “has the deep-rooted convictions necessary to resist the siren call of judicial activism.”

Sotomayor is expected to be confirmed by all Democrats and a few Republicans, including Sen. Lindsey Graham, R-S.C., who is also on the Judiciary Committee and questioned Sotomayor’s commitment to neutrality.

The Judiciary Committee is scheduled to vote on Sotomayor on Tuesday.