On the cusp of history, Sonia Sotomayor listened intently in a packed Senate hearing room Monday as lawmakers began confirmation hearings on her appointment as the first Hispanic U.S. Supreme Court justice.
Sotomayor has reason to be confident about the outcome–Democrats have the votes in the Senate to make her the third woman justice and the first nominated by a Democratic president in 15 years.
In the nearly seven weeks since President Barack Obama nominated Sotomayor to replace Justice David Souter, critics have labored without much success to exploit weaknesses in her record.
Sotomayor’s appointment will not affect the ideological makeup of the court, which has tended to be more conservative in recent years under former Republican president George W. Bush.
Republican senators who might oppose her nomination also must take care to avoid offending Hispanic voters, the fastest-growing segment of the U.S. electorate, by attacking Sotomayor too harshly.
In opening remarks, Sen. Patrick Leahy, the chairman of the Judiciary Committee, warned Republicans to tread lightly in the days ahead.
“Let no one demean this extraordinary woman,” Leahy said.
Sen. Jeff Sessions, the top Republican on the committee, vowed a “respectful tone” and “maybe some disagreements” when lawmakers begin questioning Sotomayor on Tuesday.
He underscored that point a few moments later, saying, “I will not vote for, and no senator should vote for” anyone who will not render justice impartially.
“Call it empathy, call it prejudice or call it sympathy, but whatever it is, it’s not law,” he said. “In truth, it’s more akin to politics and politics has no place in the courtroom.”
That was a clear reference to Obama’s declaration — made before he named Sotomayor — that he wanted a person of empathy on the high court.
Outside the hearing room, a small group of anti-abortion protesters opposed to her confirmation unfurled a banner that said, “Senators: Stop the Slaughter! Filibuster Sotomayor.” A filibuster is a parliamentary delaying tactic. It was unclear whether Sotomayor saw them.
Inside the Senate, there was no talk of a filibuster, under which Republicans would attempt to block a vote on her nomination. Instead, barring a gaffe of major proportions, Sotomayor seemed on her way to confirmation even before Leahy rapped the opening gavel.
The day’s schedule included speeches from all 19 lawmakers on the committee, 12 Democrats and 7 Republicans, followed by Sotomayor’s opening statement.
Questioning of Sotomayor will wait for Tuesday.
Still, Republicans signaled that they will press her to explain past rulings involving discrimination complaints and gun rights, as well as remarks that they say raise doubts about her ability to judge cases fairly.
The most fertile ground for Republican questioning appears to be on race and ethnicity, focused on Sotomayor’s “wise Latina” comment and a ruling on white firefighters from New Haven, Connecticut, who won their Supreme Court case last month.
In a speech in 2001, Sotomayor said she hoped a “wise Latina” often would reach better conclusions than a white male who lacked the same life experience.
By a 5-4 vote last month, the high court agreed with the firefighters, who claimed they were denied promotions on account of their race after New Haven officials threw out test results because too few minorities did well. The court reversed a decision by a New York appeals court panel that included Sotomayor.
