Sotomayor sought to explain two of her rulings that drew sharp criticism from conservatives.
On the Ricci case involving white firefighters from Connecticut, Sotomayor said she followed the legal precedent that protected employers who feared being sued by minorities over a discriminatory promotion test. After the New Haven Fire Department gave a promotional test in 2003 that determined no blacks would be promoted, the city scrapped the results.
The Supreme Court disagreed last month in a 5-4 decision, and said the city did not have a "strong basis" for fearing a lawsuit.
Sotomayor also said she was following a high court precedent earlier this year when she and other judges on the U.S. 2nd Circuit Court of Appeals rejected a 2nd Amendment challenge to a New York law involving chukka sticks, a weapon often used by gang members.
Sotomayor's court, like the U.S. 7th Circuit Court of Appeals in Chicago, said this year that the Supreme Court would have to decide whether the 2nd Amendment's right to bear arms restricts state and municipal laws.
Eleven of the 19 members of the Judiciary Committee had time to ask questions Tuesday. The other eight will be heard from today. Then the committee will begin a second round of questioning.
The committee chairman, Sen. Patrick J. Leahy (D-Vt.), said he hoped to have the questioning finished Thursday.
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joliphant@latimes.com
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(BEGIN TEXT OF INFOBOX)
In her
own words
On the second day of her confirmation hearing, Judge Sonia Sotomayor was asked about her views on a range of subjects. Some of her responses:
On the 'wise Latina' comment
"I want to state up front, unequivocally and without doubt, I do not believe that any ethnic, racial or gender group has an advantage in sound judging. I do believe that every person has an equal opportunity to be a good and wise judge regardless of their background or life experiences."
On a judge's role
"I prefer to describe what judges do, like umpires, is to be impartial and bring an open mind to every case before them. And by an open mind, I mean a judge who looks at the facts of each case, listens and understands the arguments of the parties, and applies the law as the law commands."
On personal prejudices
"I have a record for 17 years. Decision after decision, decision after decision. It is very clear that I don't base my judgments on my personal experiences or my feelings or my biases."
