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Update: Judiciary Committee Votes To Support Sotomayor As Supreme Court Justice
July 28, 2009 12:43 p.m. EST
  
  
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Kris Alingod - AHN Contributor
 
Washington, D.C. (AHN) - The Senate Judiciary Committee, as expected, voted on Tuesday to endorse Appeals Court Judge Sonia Sotomayor as the first Hispanic justice of the Supreme Court. She becomes the third woman to serve on the court ever and will be one of two women on the current court. Her nomination now proceeds to the full Senate floor.
Sotomayor's nomination moves forward by a 13-6 vote that was cast along party lines. All Republicans in the panel voted against her, except Sen. Lindsey Graham (R-SC), who joined the committee's 12 Democrats following his announcement of support last week.
Sotomayor needs Senate confirmation before she can sit as the replacement of retired Justice David Souter when the Supreme Court reconvenes on Sept. 9, and begins its new term on Oct. 5.
The full Senate is expected to take up her nomination next week. The 54-year-old Sotomayor, a Princeton and Yale Law School graduate, was confirmed by the Senate in 1998 as an appeals court judge by a 67-29 vote.
Democrats want her confirmed by Aug. 6, before Congress takes a month-long recess. Republicans do not have the numbers to derail her nomination, and Sen. Jeff Sessions (R-AL), the Judiciary panel's top Republican, has said the GOP will not filibuster.
But Sessions (R-AL) also said in an op-ed in USA Today on Monday he would not confirm the judge because she had "attempt[ed] to re-brand her previously stated judicial approach" during her confirmation hearings.
"She rejected the president's 'empathy standard,' abandoned her statements that a judge's 'opinions, sympathies and prejudices' may guide decision-making, dismissed remarks that personal experiences should 'affect the facts that judges choose to see,' brushed aside her repeated "wise Latina" comment as 'a rhetorical flourish,' and championed judicial restraint," Sessions added. "In the end, her testimony served as a repudiation of judicial activism."
Hearings for the judge ended on June 16, with pundits taking note of her unemotional testimony over the course of four days, and critics decrying her consistent deflection of controversial questions such as her stance on abortion.
A large part of the proceedings focused on her 2001 speech at the University of California, Berkeley that conservatives had criticized. She had said in the speech, "I would hope that a wise Latina woman with the richness of her experiences would more often that not reach a better conclusion than a white male who hasn't lived that life."
While admitting, "My play on those words fell flat. It was bad," Sotomayor explained it was not her intention to say that personal prejudices take a primary role in the way judges decide cases, and that her statements should be understood within the context of her speeches.
Throughout the hearings, she cited her 17-year judicial record as demonstrative of her belief that "judges do not make law."
Sotomayor also made a bold departure from President Barack Obama, saying, "I wouldn't approach the issue of judging in the way the president does," when asked if she agreed with the President's statement that in about five percent of cases judges have no other way to come to a conclusion than for them to consider what is in their hearts.
But Sotomayor's testimony was dismissed by some conservatives as a "confirmation conversion," the phrase used by Judiciary Committee chairman Patrick Leahy (D-VT) in 1987 for Reagan Supreme Court nominee Robert Bork. Sessions used the same phrase as the title of his op-ed.
Frank Ricci, the plaintiff in the controversial New Haven firefighter case Sotomayor ruled in, testified on the last day of the hearings along with other witnesses, which included New York City Mayor Michael Bloomberg and former Major League Baseball pitcher David Cone for the judge, and National Rifle Association of America president Sandy Froman for the GOP.
Sotomayor has been criticized for her ruling against white firefighters in New Haven who sued city officials for canceling promotions in 2003 because not enough blacks had passed the qualifying examinations.
Her ruling in the case, in Ricci v. Destefano, was overturned by the Supreme Court last month in a 5-4 split decision.
Senate Minority Whip Jon Kyl (R-AZ), Sens. Orrin Hatch (R-UT) and John Cornyn (R-TX), all members of the Judiciary panel, have said they will vote against Sotomayor.
Sen. Thad Cochran (R-MS) has also said he will not support the judge for the high court.
Cornyn, chairman of the National Republican Senatorial Committee, was magnanimous in praising the judge in his statement. But he also spoke plainly about his frustration that a Republican nominee had not been the first Hispanic Supreme Court justice.
"Going into the hearings - I found much to admire about Judge Sotomayor's record," he said. "She is an experienced judge with an excellent academic background. She has the temperament we expect from members of our highest court. And - for the most part - her decisions as a District Court judge and on the Second Court of Appeals were within the mainstream of American jurisprudence."
"Yet several of her decisions demonstrated the kind of liberal judicial activism that has steered the court in the wrong direction over the last few years," he added."And many of her public statements reflected a surprisingly radical view of the law... I will vote with the certain knowledge that she will be confirmed despite my vote... And I hope she proves that my doubts are unfounded. "
The Texas senator cited his experience as a judge and the successful Democratic filibuster of a Republican nominee, Miguel Estrada, in 2003 for the D.C. Circuit Court of Appeals. "I remain deeply frustrated.. had he been confirmed - he could have been the first Hispanic nominated to serve on our nation's highest Court," he said.
Senate Minority Leader Mitch McConnell (R-KY) and Sen. John Thune (R-SD) have respectively cited the President's "empathy standard" and "personal views in [Sotomayor's] decision making philosophy" in their decisions not to vote for the judge.
Sen. Richard Lugar (R-IN), the most senior minority member in the Senate, was the first Republican to declare support for the judge. He was followed by Sens. Mel Martinez (R-FL), the Senate's only Hispanic Republican, Olympia Snowe (R-ME) and Susan Collins (R-ME).
 
  
  
  
    
      
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