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Sotomayor testifies she has decided abortion cases 'according to law'

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] US Supreme Court nominee Sonia Sotomayor told the US Senate during confirmation hearings on Wednesday said that she has rejected personal bias and "ruled according to the law" in abortion-related cases. During questioning by Senator John Cornyn (R-TX), Sotomayor said that the White House did not ask her about her personal views on legal issues, including abortion, during the nomination process and that her judicial record reveals that she hadn't shown a personal bias. After providing her understanding of the current state of the law regarding abortion, she said that she would not predict the outcome of a hypothetical late-term abortion case posed by Senator Tom Coburn (R-OK) without specific knowledge of applicable state law. When asked by Senator Arlen Specter (D-PA) to declare that Roe v. Wade was "settled law" Sotomayor declined, saying that all standing precedents are entitled to the same treatment under stare decisis. Sotomayor also defended earlier statements she had made about the influence of background on decision-making, saying that she stands by the sentiment even if she had expressed it poorly. On Tuesday, Sotomayor defended her judicial record and emphasized her reliance on precedent when deciding cases. The hearings on Sotomayor's confirmation began Monday with her saying that she would bring a "fidelity to the law" to the Court in her opening statement, and Senators offering contrasting interpretations of her record in their opening statements. Last week, the American Bar Association Standing Committee on the Federal Judiciary gave Sotomayor a unanimous "well-qualified" rating. In May, Obama praised Sotomayor's experience and wisdom, rebuking Republicans who would oppose her confirmation. Obama warned against partisanship in the confirmation process, saying that he hoped Congress would "avoid the political posturing and ideological brinksmanship" that marked past confirmation hearings. Obama nominated Sotomayor in May to replace retiring Justice David Souter.

Full post as published by JURIST - The Paper Chase on July 15, 2009 (boomark / email).