President Barack Obama’s choice of the first Hispanic woman for the Supreme Court could make it hard for Republicans to vigorously contest her nomination, despite Judge Sonia Sotomayor’s liberal leanings.
Republicans lawmakers were restrained in their reaction to the announcement of Sotomayor’s nomination, in which Obama noted her “extraordinary journey” that began in a Bronx housing project as the daughter of a factory worker who did not speak English.
“Republicans are in a bit of a box,” said Pepperdine University political science professor Chris Soper. “It’s a compelling personal story.”
Off Capitol Hill, conservatives such as radio talk show host Rush Limbaugh were strongly condemning the choice, referencing Sotomayor’s 2008 ruling to uphold a decision by the New Haven, Conn., fire department to throw out the results of promotion exams because no black earned qualifying scores (though one Hispanic did).
Conservatives bashed the nominee for her statements off the bench, like her 2001 declaration “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.”
Senate Republicans, however, held their fire, promising fair treatment of Sotomayor and making careful reference to her potential weaknesses as a candidate.
Sen. Jeff Sessions, R-Ala., who is the top Republican on the Senate Judiciary Committee, which will soon question and vote on the nominee, congratulated Sotomayor and promised to determine “if Ms. Sotomayor understands that the proper role of a judge is to act as a neutral umpire of the law, calling balls and strikes fairly without regard to one’s own personal preferences or political views.”
Some Republican operatives fear that GOP senators will dig through Sotomayor’s past but do little about it during the nomination hearings out of fear that heavy criticism will paint them as insensitive. Sessions in particular has a problem. He lost his 1986 bid to become a federal judge after Judiciary Committee Democrats accused him of being a racist, citing past statements about the American Civil Liberties Union and National Association for the Advancement of Colored People.
Democrats and especially the liberal blogosphere are watching Sessions closely, looking for any move they could label a racial attack, and their scrutiny could undermine his ability to go after Sotomayor on her record.
“Unless a shoe drops, I think there will be limited discussion and then her nomination will pass,” one GOP operative said.
Complicating matters for the GOP is that Sotomayor is not just a minority, she is Hispanic. Hispanics represent a fast-growing segment of voters whom Republicans hope to win over.
“Republicans want to placate their base, but they aren’t going to want to alienate Hispanics,” Soper said.
Robert Alt, senior legal fellow at The Heritage Foundation, said he believed Sotomayor’s controversial statements would make it impossible for Republicans to give her a free pass.
“At this point, even if they would have been reluctant otherwise, many of them will feel more obligated to ask vigorous questions,” he said.
