Monday, July 13, 2009

Sonia Sotomayor labelled "activist judge" at confirmation hearing

Monday, July 13, 2009

Judge Sonia Sotomayor

Republican senators have launched a sharp attack on the record of Supreme Court nominee Sonia Sotomayor, claiming she is an "activist judge" who would try to use her position to drive social change.

The criticism came at the start of a week-long confirmation hearing which could see her installed as the first Hispanic judge to sit on the highest US court in its 220-year history.

Senator Jeff Sessions of Alabama, the top Republican on the Senate judiciary committee, said: "I believe our legal system is at a dangerous crossroads.

"Down one path is the traditional American legal system, where judges impartially apply the law to the facts without regard to their own personal views.

"Down the other path lies a Brave New World where judges are free to decide what facts they choose to see."

In her opening remarks, Miss Sotomayor hit back, stressing her "fidelity to the law".

"The task of a judge is not to make the law – it is to apply the law. And it is clear, I believe, that my record in two courts reflects my rigorous commitment to interpreting the Constitution," she said.

Born to Puerto Rican parents in the Bronx, Miss Sotomayor's rise to the pinnacle of the legal edifice has been highlighted by President Barack Obama and her supporters as an "truly American story".

But Republican questions on Tuesday will focus on remarks she made in 2001 that a "wise Latina" with "richer life experiences" would reach a better decision in court than a white man.

Her defenders have observed that the comment should not be taken as judicial philosophy. Neutral observers, and some Republicans, have said that her decisions have demonstrated a sharp legal mind, respect for precedent combined albeit with liberal leanings.

Even Republicans have admitted that she is almost certain to be confirmed in a process which could take up to two weeks. With 12 years as an appeal court judge on the second circuit and six as a trial judge, she is one of the most experienced nominees in recent history.

Democratic Senator Patrick Leahy of Vermont, the committee's chairman, warned her critics against any attacks based on race. He recalled resistance to the first black, Jewish, and Catholic Supreme Court nominees, noting "we are in a different era" and warning "let no one demean this extraordinary woman, her success," and her record as a judge.

"Unless you have a complete meltdown, you're going to get confirmed," Republican Senator Lindsey Graham told Sotomayor as the Senate Judiciary Committee began several days of hearings.

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