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Sotomayor Attempts To Neutralize 'Wise Latina' Remarks


Judge Sonia Sotomayor with President Barack Obama.

By Bradley Vasoli, The Bulletin
Tuesday, July 14, 2009
U.S. Supreme Court nominee Sonia Sotomayor attempted at her first confirmation hearing yesterday to assure Senators she wants to interpret the law impartially, seemingly departing from earlier comments.

“In the past month, many senators have asked me about my judicial philosophy,” she said. “It is simple: fidelity to the law. The task of a judge is not to make law; it is to apply the law.”

President Barack Obama’s nominee thereby provided a patent contrast to remarks she made at the University of California-Berkeley’s annual Judge Mario G. Olmos Law and Cultural Diversity Lecture in 2001.

“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life,” she said at that event.


Her comment yesterday about “fidelity to the law” came as some members of the Senate Judiciary Committee invited her to elucidate the sentiment she voiced at UC-Berkeley. Some of the most pointed commentary came from South Carolina Republican Lindsey Graham.

“I can just tell you one thing,” he said. “If I had said anything remotely like that, my career would have been over. That’s true of most people here. And you need to understand that and I look forward to talking with you about that comment.”

Later on yesterday, Mr. Graham said Ms. Sotomayor’s Berkeley comment continues to trouble him despite her assurances about her philosophy.

Democratic senators on the committee largely welcomed the nominee’s suggestion that one’s background should shape his or her behavior as a jurist.

“I do not believe that Supreme Court justices are merely umpires calling balls and strikes,” Sen. Dianne Feinstein, D-Calif., said in her opening statement. “Rather I believe that they make the decisions of individuals who bring to the court their own experiences and philosophies."

Ms. Sotomayor worked in public and private legal practice in New York City before President George H.W. Bush nominated her for a federal district judgeship in 1991. Although a Republican, Mr. Bush named her at the behest of Democrats who enjoyed limited deference in judicial appointments.


She would be the first Hispanic Supreme Court justice if confirmed by the Senate, which appears nearly certain given the Democrats sizeable and disciplined majority.


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