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Cornyn, Hatch Join GOP Leaders; Won't Vote For Sotomayor
July 24, 2009 1:54 p.m. EST
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Kris Alingod - AHN Contributor
Washington, D.C. (AHN) - Sens. Orrin Hatch (R-UT) and John Cornyn (R-TX) on Friday announced they will not vote to confirm Appeals Court Judge Sonia Sotomayor for the Supreme Court, following similar statements from Senate Republican leaders earlier this week. A vote from the Senate Judiciary Committee and then the full Senate is needed to confirm the judge. The Obama administration wants Sotomayor confirmed before Congress takes its summer recess in two weeks.
Cornyn, a member of the Judiciary panel and chairman of the National Republican Senatorial Committee, said in a statement, "Going into the hearings - I found much to admire about Judge Sotomayor's record. 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 also 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," Cornyn said.
The same day, Hatch said, "I reluctantly, and with a heavy heart, have found that I cannot support her nomination... Although Judge Sotomayor has a compelling life story and dedication to public service, her statements and record were too much at odds with the principles about the judiciary in which I deeply believe."
While praising Sotomayor for her "very impressive" judicial record and admitting that he "like[s] and highly respect[s]" the judge, Hatch argued, "Qualifications for judicial service include not only legal experience but, more importantly, a nominee's approach to judging. This makes Judge Sotomayor's judicial philosophy more important than her stellar resume."
Sotomyor becomes the first Hispanic and third woman Supreme Court justice if she is confirmed. The Judiciary Committee votes next Tuesday whether to support her nomination.
A Princeton and Yale Law School graduate, she was appointed to replace retired Justice David Souter. Democrats want her confirmed by Aug. 6, before Congress takes a month-long recess and before the Supreme Court reconvenes on Sept. 9, and begins its new term on Oct. 5.
Republicans do not have the numbers to derail the nomination, and Sen. Jeff Sessions (R-AL), the top minority member of the Judiciary panel, has said they will not filibuster the appointment.
Confirmation hearings for the 54-year-old judge ended last week, with observers remarking on her consistent and unemotional testimony over the course of four days. The hearings focused on her now controversial "wise Latina" speech and her ruling, in Ricci v. Destefano, against white firefighters in New Haven who sued city officials for canceling promotions in 2003 because not enough blacks had passed qualifying examinations.
Sen. Richard Lugar (R-IN), the most senior minority member in the Senate, was the first Republican to declare support for the judge. His statement last Friday was followed by others from Sens. Mel Martinez (R-FL), the Senate's only Hispanic Republican, Olympia Snowe (R-ME) and Susan Collins (R-ME).
Around the same time, Senate Minority Leader Mitch McConnell (R-KY) and Sen. John Thune (R-SD) cited "empathy" and "personal views" in their decisions not to vote for the judge.
On Wednesday, Senate Minority Whip Jon Kyl (R-AZ) spoke plainly why he would not support Sotomayor, saying, "Her attempt to re-characterize these speeches at the committee hearing strained credulity. I have not been persuaded that Judge Sotomayor is absolutely committed to setting aside her biases and impartially deciding cases based upon the rule of law. And I cannot ignore her unwillingness to answer Senators' questions straightforwardly."
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