Reporting from Washington — The cases for and against the confirmation of Sonia Sotomayor to the Supreme Court began in earnest today, largely without comment from the nominee.
On the first day of Sotomayor's hearing, Democratic members of the Senate Judiciary Committee celebrated the life story of the Bronx-born federal judge who is poised to become the high court's first Latino justice. Republicans warned, however, that she could be an "activist judge" who would "make the law" and may be biased toward disadvantaged minority groups. Several appeared set to oppose her.
"The president has done his part and made a historic nomination," said Patrick J. Leahy (D-Vt.), chairman of the judiciary committee. "Now it is up to the Senate to do its part on behalf of the American people."
At the moment, Sotomayor's confirmation appears likely. With the swearing-in last week of Sen. Al Franken (D-Minn.), Democrats have the 60 votes necessary to thwart any Republican filibuster attempt. Leahy went as far as to pledge Sotomayor "will be confirmed," and he suggested that Republicans would oppose her at their political peril.
But some seemed ready to do just that.
Sen. Jeff Sessions of Alabama, the top Republican on the committee, aggressively laid out his concerns about Sotomayor in a lengthy opening statement.
Sessions called Sotomayor's repeated statements that life experiences affect her decision-making "shocking and offensive to me." He suggested that Sotomayor would utilize judicial "empathy" to favor certain litigants over others. "Call it empathy, call it prejudice, or call it sympathy, but whatever it is, it is now law," Sessions said. "In truth, it is more akin to politics."
He compared Sotomayor to Justice Ruth Bader Ginsburg, the only woman on the high court, calling her "one of the most activist judges in history."
Not all Republicans were in lockstep with Sessions. Sen. Lindsey Graham (R-S.C.) suggested that President Obama should be allowed some deference to choose whom he wishes for the court, noting that Obama won the election. "That ought to matter," Graham said.
He told Sotomayor: "Unless you have a complete meltdown, you are going to be confirmed." He added that he did not expect such a meltdown to happen.
