Senate Republicans involved in the Sonia Sotomayor Supreme Court nomination say there are significant gaps in the 172-page questionnaire Sotomayor sent recently to the Senate Judiciary Committee — omissions the GOP says will require more time to examine than is possible under the Democrats’ hurry-up schedule for Sotomayor’s confirmation.
“There are several places where she hasn’t provided complete answers,” says one Senate Republican familiar with the nomination.
For example, Sotomayor failed to include an anti-death penalty memo she signed in 1981 for the Puerto Rican Legal Defense and Education Fund (PRLDEF). The memo was part of a lobbying effort against a bill that would have reinstated the death penalty in New York state, and it included the assertion that “capital punishment is associated with evident racism in our society.”
When the memo surfaced a few days ago, the White House quickly corrected the questionnaire, but the incident left several in the GOP uneasy. “What else don’t we have?” asks the Senate Republican. “We don’t know what we don’t know about her service in [PRDLEF] and other groups, and we want an assurance from her that there isn’t more out there that she hasn’t provided.”
Late Tuesday, Sen. Jeff Sessions, the ranking Republican on the Senate Judiciary Committee, brought up the issue on the floor of the Senate. “The White House was determined to get the nominee’s questionnaire to the Senate in a hurry, and there were a number of cameras crews and press releases that went out when boxes were delivered,” Sessions said. “But in many ways the questionnaire was incomplete — the result, I think, of that kind of rush.”
Republicans are also concerned about a number of speeches Sotomayor has given that are barely described in the questionnaire. “She provides us with just a tiny bit of information about the speeches,” says the well-informed Republican. “Given what we know about the other speeches she has made, it would be interesting to know what she has said in some of them. Her speeches are of particular interest now.”
“Several of the entries lack any subject matter, descriptions, or are so vague as to be utterly uninformative,” Sessions said on the Senate floor. “We’ve had some problems with her speeches.” Sessions and the other Republican were referring, of course, to a 2001 speech in which Sotomayor said, “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.”
In addition, Republicans say there are some missing legal briefs and transcripts in Sotomayor’s questionnaire. “In all, there are probably eight areas where we want to make sure that we have everything,” the Senate source said. “Nothing, on the whole, is any sort of smoking gun. But the point we’re making is that the questionnaire was filled out pretty sloppily.”
When Sotomayor submitted the questionnaire to the Senate, White House counsel Gregory Craig took the unusual step of posting a blog entry on the White House website entitled, “Judge Sotomayor’s Questionnaire — A New Modern Record.” Craig wrote that,” In an effort to advance her nomination through the Senate as swiftly aspossible, Judge Sotomayor has completed her questionnaire faster than any Supreme Court nominee in recent history.” Craig added that the “historically fast” submission of the questionnaire should “lead to her swift consideration by the Senate.”
Now Republicans are asking why there is such a hurry, and the two parties appear headed for a confrontation over Judiciary Committee chairman Sen. Patrick Leahy’s announcement Tuesday that Sotomayor’s hearing will begin July 13. In a speech on the Senate floor, Leahy cited conservative criticism of Sotomayor as a prime reason for the accelerated hearings. “Given the attacks on her character, there are compelling reasons to proceed even ahead of this schedule,” Leahy said. “She deserves the earliest opportunity to respond to those attacks.”
Republicans reacted with frustration upon hearing Leahy’s announcement. “Name one Republican senator who has said anything that rises to the level of attack,” says the well-connected Republican. “If you’re worried about what Newt and Rush are saying, they’re not going to be asking questions.”
Republicans also pointed out that, in light of previous Supreme Court confirmations, holding a hearing on July 13 would be a particularly fast track for the nomination — just 48 days between the announcement of Sotomayor’s nomination and the start of hearings. In the case of Chief Justice John Roberts, there were 55 days between announcement and hearings. For Justice Stephen Breyer, there were 60 days. For Justice Samuel Alito, there were 70 days. The Sotomayor schedule could be extended, Republicans say, and if she is confirmed there would still be time for her to be ready for the start of the Supreme Court’s new session on October 5.
More time is needed, Republicans add, because Sotomayor has a judicial record longer than Roberts’ and about as long as Alito’s. “As Sen. Schumer has said, we have a nominee with one of the most voluminous records ever, and yet we have one of the shortest timelines ever,” says the clued-in Republican.
For their part, Democrats appear to be united behind the July 13 date. “Confirming Judge Sotomayor before the August recess would give her time to prepare adequately for the Court’s fall term,” Senate Majority Leader Harry Reid said in a letter Tuesday to Minority Leader Mitch McConnell. “I do not believe it is fair to delay Judge Sotomayor’s confirmation if it is not absolutely necessary.”
Later on Tuesday, a Reid aide said the majority leader is “standing with Leahy.” Republicans, the aide said, “are calling for delay for the sake of delay.”
Byron York, The Examiner’s chief political correspondent, can be contacted at [email protected]. His column appears on Tuesday and Friday, and his stories and blog posts can be read daily at ExaminerPolitics.com.
