NATIONAL POLITICS & POLICY | Senators Say Supreme Court Nominee Sotomayor Committed To Rule of Law, Roe v. Wade
[June 3, 2009]

Supreme Court nominee Sonia Sotomayor on Tuesday met individually with 10 senators in an initial round of closed-door meetings in preparation for her confirmation hearing, which is yet to be scheduled, the New York Times reports. Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) said that during his meeting with Sotomayor she expressed her belief that "'ultimately and completely' a judge has to follow the law no matter what their upbringing has been" (Herszenhorn/Hulse, New York Times, 6/3). Sen. Dianne Feinstein (D-Calif.), who also met with Sotomayor, said that she believes that Sotomayor would not vote to overturn Roe v. Wade. Feinstein added that Sotomayor "is a woman who is well-steeped in law and well-steeped in precedent. I believe that she has a real respect for precedent and that she was not just saying that" (Isenstadt, Politico, 6/2). Senate Majority Leader Harry Reid (D-Nev.) said of Sotomayor, "We have the whole package here," adding, "We could not have anyone more qualified" (New York Times, 6/3).

However, Senate Judiciary Committee ranking member Jeff Sessions (R-Ala.), who also met with Sotomayor, said that he is concerned about whether Sotomayor would be an "activist" judge who believes her role is to create policy rather than to judge matters in accordance with it. Sessions said that "the question is, what is the law? How does a judge find the law, and what approach to statutory construction do they utilize?" (Hirschfield Davis, AP/Washington Times, 6/2). According to the Times, because Republicans likely do not have the votes to use a filibuster to block Sotomayor's confirmation, their strategy "seems to be to play for time," in the hope that "something unexpected" will surface as a threat to her confirmation. Democrats currently have 59 of the 60 votes needed to stop a filibuster, and seven Republicans voted to confirm Sotomayor to the appeals court (New York Times, 6/3). The Judicial Confirmation Network, a conservative judicial group, on Tuesday sent a letter to every senator criticizing Sotomayor's judicial record and saying that she "challenges the belief that the law needs to be knowable and predictable." JCN Director Gary Marx said that the organization does not agree with other conservative groups that have called for a filibuster but that it supports "a long and vigorous and thorough, healthy debate" (Palmer, Roll Call, 6/2).

Leahy, Sessions To Discuss Hearing Schedule

Leahy said that he and Sessions will meet Wednesday to discuss a schedule for Sotomayor's confirmation hearing, specifically with regard to whether it will come before or after the August congressional recess. Leahy said that he favors holding the hearing in July. However, Sessions and other Republicans are asking that the hearing be conducted after the break, citing the need to read through the approximately 3,000 opinions Sotomayor wrote as an appellate court judge (Friedman, CongressDaily, 6/2). Meanwhile, Sotomayor on Wednesday will meet with 10 more senators, including seven Democrats and three Republicans (Koffler, Roll Call, 6/2).

Poll Shows Public Support

Fifty-four percent of U.S. residents would like to see Sotomayor confirmed as a Supreme Court justice, according to a Gallup poll released Tuesday. The poll shows that 28% of those surveyed opposed the confirmation and 19% had no opinion. The poll was conducted between Friday and Sunday, questioning 1,015 adults (Silva, Los Angeles Times, 6/2).

Broadcast Coverage

NPR's "All Things Considered" on Tuesday reported on Sotomayor's meetings with senators. The segment includes comments from Leahy (Seabrook, "All Things Considered," NPR, 6/3).





The information contained in this publication reflects media coverage of women’s health issues and does not necessarily reflect the views of the National Partnership for Women & Families.

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