NATIONAL POLITICS & POLICY | Obama Announces Appeals Court Judge Sotomayor as Supreme Court Nominee
[May 26, 2009]

President Obama this morning announced Judge Sonia Sotomayor of the Second Circuit Court of Appeals as his nominee to replace retiring Supreme Court Justice David Souter, the New York Times' "The Caucus" reports. Sotomayor, if confirmed, would be the first Hispanic to serve on the court and, with Justice Ruth Bader Ginsburg, bring the number of female justices currently on the court to two. White House officials said the president made his decision over the Memorial Day weekend after narrowing his list of candidates to four. Sources close to the selection process said the other candidates included Federal Appeals Judge Diane Wood, Homeland Security Secretary Janet Napolitano and Solicitor General Elena Kagan (Zeleny, "The Caucus," New York Times, 5/26). According to the Washington Post, Obama has set a deadline of having Sotomayor confirmed before the Senate's five-week recess that begins Aug. 7 (Shear et al., Washington Post, 5/26).

Sotomayor, a graduate of Princeton University and Yale Law School, joined the federal district court in 1992 after being nominated by former President George H.W. Bush. Former President Clinton nominated her to the appeals court in 1997, and she was confirmed in 1998 (Baker/Zeleny, New York Times, 5/26). The Post reports that many analysts considered Sotomayor a likely pick to replace Souter, who announced his retirement earlier this month (Washington Post, 5/26). According to the Times, Sotomayor's past statements that her ethnicity and gender are important factors in serving as a judge "could generate debate" during the nomination process. In a 2002 lecture, 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" (New York Times, 5/26).

Both liberal and conservative advocates were quick to release statements on the selection after the announcement this morning. Doug Kendall, president of the liberal Constitution Accountability Center, said, "We already know that she is a brilliant lawyer who is committed to ruling based on the Constitution and the law, not on her own personal political views." Wendy Long, counsel to the conservative Judicial Confirmation Network, said in an e-mail to reporters that Sotomayor "is a liberal judicial activist of the first order who thinks her own personal political agenda is more important than the law as written. She thinks that judges should dictate policy, and that one's sex, race and ethnicity ought to affect the decisions one renders from the bench" (Washington Post, 5/26).

According to Politico, of the nominees Obama was considering, Sotomayor was the one that Republicans indicated "they would complain most loudly about." However, the Democratic control of the Senate makes it unlikely that Republicans could block her confirmation, Politico reports (Allen/Martin, Politico, 5/26). Over the weekend, Senate Minority Whip Jon Kyl (R-Ariz.), a member of the Senate Judiciary Committee, said that senators from both parties "reserve the right to not only oppose a nomination, but also prevent the vote on a nomination" (Wilson, The Hill, 5/25). Kyl also said that although the GOP likely does not have enough votes for a filibuster, he would attempt to delay the nomination if Obama chose someone outside what he considers the mainstream. He said, "We will distinguish between a liberal judge on one side and one who doesn't decide cases on the merits but, rather, on the basis of his or her preconceived ideas" (Washington Times, 5/25).

Obama Discusses Nomination in C-SPAN Interview

In an interview on Friday with C-SPAN, Obama said he would like to choose a Supreme Court justice who has "a little bit of a common touch" and a "practical sense of how the world works," the Post reports. Obama added that he "continue[s] to believe" that "empathy" is an important quality in a justice, despite Republican criticism that his emphasis on the quality means that he seeks a judge with an "activist" agenda, the Post reports (MacGillis, Washington Post, 5/24). Obama also said, "I don't feel weighed down by having to choose a Supreme Court justice based on demographics. I certainly think that ultimately we want a Supreme Court that is reflective of the incredible variety of the American people" (The Hill, 5/25).





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