Legal News

Democrats Play a Little Offense in the Sotomayor Hearings

By Nathan Koppel

When Judge Sonia Sotomayor finally addressed the judiciary committee this afternoon, her short speech was anticlimactic. She recounted her life story, focusing particular attention on her background as a prosecutor and commercial lawyer, representing businesses – two biographical points aimed at trying to deflect the notion she is a wide-eyed liberal. "Senators have asked me about my judicial philosophy," she said. "It is simple: fidelity to the law."

Many of the interesting remarks today came from Democrats. Predictably, they played some defense – trying to counter the idea that Sotomayor is an activist – but they also went on offense, sketching out the type of justice they hope Sotomayor will become.

Democrat Russ Feingold of Wisconsin (left) talked about how it is vital for the high court to act as a check on executive power, protecting the rights of suspected terrorists to enjoy access to counsel and protecting the privacy of telephone conversations from "unjustified government eavesdropping."

Democrat Dianne Feinstein of California specified recent Supreme Court decisions that troubled her, including the Heller decision, in which the court invalidated a D.C. gun-control law; and the recent Ricci holding, which may make it harder for businesses to practice affirmative action. "I have studied [Sotomayor's] record and believe she will be . . . a critical voice in returning balance to this great American institution."

And Edward Kaufman of Delaware, a Democrat, said he was concerned that the current court had become biased in favor of businesses. He highlighted rulings where the court had struck down punitive damage awards and preempted state consumer protection laws. "Given our current economic crisis, and the failure of regulation and enforcement that led to that crisis, that bias is particularly troubling," Kaufman said, adding that Supreme Court justices should be committed to making sure "the powerless have a chance for justice on a level playing field with the powerful."

The Democrats boldness, of course, is not that surprising given that they have 60 votes in the senate and Sotomayor's judicial opinions, as opposed to her speeches, have not given Republicans much ammunition to derail the nomination.

Republican Lindsey Graham (right) conceded as much. "Unless you have a complete meltdown," he told Sotomayor, "you are going to get confirmed."

Photo: AP

Full post as published by Law Blog - WSJ.com on July 13, 2009 (boomark / email).