THE DAILY BLADE: Sotomayor Gets Warmer Welcome From Senate Judiciary Committee Than Alito And Roberts Did
During their opening statements at Supreme Court nominee Sonia Sotomayor’s confirmation hearing, the Repubs on the Senate Judiciary Committee made it plain that they intended to ask her to explain her judicial philosophy, the legal reasoning behind her opinions on the Second Circuit
and her understanding of the separation of powers. That said, for the most part, their opening statements were much more cordial than those of Dems on the Judiciary Committee during the confirmation hearings for Samuel Alito and John Roberts. The Repubs not only took pains to acknowledge Sotomayor’s professional accomplishments, but they also assured her that she would be dealt with fairly and respectfully.In stark contrast, Dems did not go out of their way to enumerate the accomplishments of Alito or Roberts and promised neither man a fair and respectful hearing. Sen. Russ Feingold assured Alito he would keep “an open mind,” while Sen. Chuck Schumer said he was anticipating “a full and fair hearing” on Alito’s nomination and had “high hopes” for a dignified, respectful … open, fair, thorough, above board” process on Roberts’ nomination.
As Roberts’ confirmation hearing came on the heels of the death of Chief Justice William Rehnquist, Sens. Patrick Leahy and Ted Kennedy kindly prefaced their statements with condolences to Roberts, who had clerked for Rehnquist during the 1980 term and regarded him as a mentor.
It’s also interesting to note that Sen. Dianne Feinstein did a 180 on the issue of bringing one’s life experiences to bear on the bench, approving in Sotomayor’s case (“I believe, you are a warm and intelligent woman. … you, too, will bring your experiences and philosophy to this highest court. And I believe that will do only one thing and that is strengthen this high institution of our great country) and skeptical in Alito’s case (“I think it's fair for us to try to determine whether your legal reasoning is within the mainstream of American legal thought and whether you're going to follow the law regardless of your personal views about the law.”).
Also, Leahy, Kohl, Feinstein and Schumer made Roberts’ age and expected longevity on the high court (he was 50 at the time of his confirmation hearing) an issue, but none of the Repub senators discussed Sotomayor’s age (55) and actuarial prospects.
Sotomayor Confirmation Hearing
† Sen. Jeff Sessions (R-AL): Judge Sotomayor, I join Chairman Leahy in welcoming you here today. This hearing marks an important milestone in your distinguished legal career. I know your family is proud, and rightfully so. It is a pleasure to have them with us today.
† Sen. Chuck Grassley (R-IA): Judge Sotomayor, congratulations on your nomination to be an Associate Justice on the Supreme Court of the United States. Welcome to the Judiciary Committee. I extend a warm welcome to your family and friends. They must all be very proud of your nomination, and rightfully so. Judge Sotomayor, you have a distinguished legal and judicial record. No doubt it's one we'd expect of any individual nominated to be a Supreme Court Justice. … impressive legal accomplishments which certainly qualify you as Supreme Court material. … I'll be asking questions about your judicial qualifications. However, I'm also committed to giving you a fair and respectful hearing, as is appropriate of all Supreme Court nominees. Again, Judge Sotomayor, I congratulate you on your nomination.
† Sen. Orrin Hatch (R-UT): Judge Sotomayor comes to this committee for the third time, having served on the first two levels of the federal judiciary, and now, being nominated to the third. She has a compelling life story and a strong record of educational and professional achievement. Her nomination speaks to the opportunities that America today provides for men and women of different backgrounds and heritage. The liberty we enjoy here in America makes those opportunities possible and requires our best efforts to protect that liberty.
† Sen. John Cornyn (R-TX): Judge Sotomayor, let me join my colleagues in extending a warm welcome to you and your family today. You have had a distinguished career as a lawyer and a judge. I enjoyed sitting down with you soon after you were nominated. And I am pleased to be able to welcome you to the Senate - and to give you an opportunity to introduce yourself to the American people. … I assure you that you will have every opportunity to address [my] concerns - and make clear which path you would take if you are confirmed to the Supreme Court. I welcome you to these hearings and I look forward to your testimony.
† Sen. Tom Coburn (R-OK): Judge, welcome. It is truly an honor to have you before us. It is - says something remarkable about our country that you're here. And I assure you, during your time before this committee, you will be treated with the utmost respect and kindness. … There is no question that you have a stellar resume. And if resumes and judicial history were all that we went by, we wouldn't be needing to have this hearing. But, in fact, other things add into that.
† Sen. Jon Kyl (R-AZ): I would hope every American is proud that a Hispanic woman has been nominated to sit on the Supreme Court. In fulfilling our advice and consent role, of course, we must evaluate Judge Sotomayor's fitness to serve on the merits, not on the basis of her ethnicity.
In contrast to his Repub colleagues, Sen. Lindsay Graham (R-SC), just cut to the chase without any preliminary niceties:
No Republican would have chosen you, Judge; that's just the way it is. We would have picked Miguel Estrada. We would all have voted for him. And I don't think anybody on that side would have voted for Judge Estrada, who is a Honduran immigrant, who came to this country as a teenager, graduated from Columbia magna cum laude, Harvard, 1986, magna cum laude and Law Review editor, a stellar background like yours, and that's just the way it was. … Now, unless you have a complete meltdown, you're going to get confirmed. … I don't know how I'm going to vote, but my inclination is that elections matter.
In this respect, Graham’s opening statement was rather like Sen. Patrick Leahy’s during the Alito hearing – the VT Senator got down to brass tacks after a curt nod to Supreme Court nominee Samuel Alito and his wife. On the other hand, the tone of Cornyn’s opening statement was reminiscent of Kohl’s during the Alito hearing.
† Sen. Patrick Leahy (D-VT): Good afternoon, Judge and Mrs. Alito and the others. You know, following up on what the chairman was saying, the challenge for Judge Alito in the course of these hearings is to demonstrate that he's going to protect the rights and liberties of all Americans and, in doing that, serve as an effective check on government overreaching. I have said that the president did not help his cause by withdrawing his earlier nomination of Harriet Miers in the face of criticism from the narrow faction of his own party who were concerned about how she might vote.
† Sen. Ted Kennedy (D-MA) - who had chaired the confirmation hearing on Alito’s nomination to the court of appeals in 1990: Judge Alito, I join in welcoming you and your family to this committee. I appreciated the opportunity to visit with you in my office a few weeks ago. And I was particularly impressed by your personal family story of how you were encouraged to do well and contribute to your community. And I also applaud your dedication to public service throughout your lifetime. … So, Judge Alito, I have serious questions to ask. I congratulate you on your nomination and I look forward to your answers in these hearings.
† Sen. Joe Biden (D-DE): Judge, welcome. Mrs. Alito and your family, welcome. It's an incredible honor to be nominated by a president of the United States to be associate justice of the Supreme Court. And you're to be congratulated.
† Herb Kohl (D-WI): Judge Alito, let me also send my welcome to you this afternoon and to your family. You are to be could be congratulated on your nomination. … Judge Alito, we are convinced that your intellect and experience qualify you for this position. I enjoyed meeting you a few weeks ago and appreciated our discussion. Your legal talents are undeniably impressive, and your opinions are thoughtful and well-reasoned. We are now familiar with your abilities and your long tenure as a judge. And, yet, we do not know whether the concerns some have raised about your judicial philosophy are overstated or whether we need to have serious doubts about your nomination. I'll look forward to these hearings as an opportunity to learn more and measure whether you meet our test of judicial excellence.
† Sen. Dianne Feinstein (D-CA): Welcome, Judge Alito.
† Russ Feingold (D-WI): Mr. Chairman, I too want to welcome our nominee and thank him in advance for the long hours that he'll put in this week. Judge, I do greatly admire your legal qualifications and, of course, your record of public service and I wish you well here. And, as with the hearing on the nomination of Chief Justice Roberts, I approach this proceeding with an open mind. … I'll have to say that I was rather pleased that the judge was actually less guarded in our private meeting than were the other two Supreme Court nominees who I have had the privilege to meet. I hope he's even more forthcoming in this hearing.
† Chuck Schumer (D-NY): Judge Alito, welcome to you, Mrs. Alito, your two children, the rest of your family. I join my colleagues in congratulating you on your nomination. … I look forward, Judge, to a full and fair hearing.
† Sen. Patrick Leahy: A few days ago, William Rehnquist passed away. He'd had 33 years of service on the Supreme Court. And last week many of us paid our respects for his service at the monumental building across the street in which he devoted himself to defending the independence of the federal judiciary. I know, Judge Roberts, that was a particularly difficult time for you because of your close relationship with him.
† Sen. Ted Kennedy (D-MA): Judge Roberts, I join in welcoming you and your family to this committee and to this famous room, the site of so many historic hearings. Today our nation's flags are at half mast to honor the memory of Chief Justice Rehnquist and his deep dedication to his beloved Supreme Court. And we know that Judge Roberts was especially close to him. And our thoughts and prayers go to the Rehnquist family and all who knew him.
† Sen. Joe Biden (D-DE): Judge Roberts, welcome. Mrs. Roberts, welcome to you.
† Herb Kohl (D-WI): Judge Roberts, let me also extend my welcome to you this afternoon and to your family. … Judge Roberts, I'm convinced that you satisfy the requirements of competence, character and temperament. I enjoyed meeting you a few weeks ago and appreciated our discussion. Your legal talents are undeniably impressive. Yet, while we are now familiar with your abilities, we still know precious little about your philosophies and views on crucial issues that you will face on the Supreme Court in the years ahead. And so we look forward to these hearings as an opportunity to learn more and measure whether you meet our test of judicial excellence.
† Sen. Dianne Feinstein (D-CA): Good afternoon, Judge Roberts and Mrs. Roberts and the Roberts family. This must be a moment of enormous pride for you. And I hope that despite the toughness of this hearing, you really realize that this family member of yours is taking over not just the position of an associate justice, but the chief justice of the United States at a time of unique division and polarization in this country. … We spent a very interesting hour together. I came away from it feeling that you're certainly brilliant, talented and well qualified, and I don't think there's a question about that.
† Russ Feingold (D-WI): Judge Roberts, welcome. Welcome to you and your entire family. First I want to say, Mr. Chairman, how much I appreciate the even-handed way that you and Senator Leahy have approached the preparations for the hearing. Judge Roberts, I also want to thank you in advance for the long hours you will put in with us this week. I wish you well, and I truly do admire your record and your impressive career.
† Chuck Schumer (D-NY): Judge Roberts, welcome to you and Mrs. Roberts, your parents, your family, your two beautiful children. I join my colleagues in congratulating you on your nomination to the position of chief justice of the United States. … Mr. Chairman, I have high hopes for these hearings. I want, and the American people want, a dignified, respectful hearing process, open, fair, thorough, above board; one that not only brings dignity but, even more importantly, information about Judge Roberts' views and ideology to the American people.
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