Legal News

Republican Senators Continue To Hammer Away At "Two Sonias" Theme

By Nathan Koppel

Republican senators are getting at a second bite at Judge Sonia Sotomayor this morning. Their cross exams so far are focused, once again, on the supposed disconnect between Sotomayor, the judge, and Sotomayor, the speaker. The tone has become noticeably chippier this morning, especially from Lindsey Graham (left) of South Carolina.

"You have said some things that bug the hell out of me" he said, referring to her speeches. As an advocate, particularly on behalf of the Puerto Rican Legal Defense Fund, he said, Sotomayor has consistently taken left-of-center positions, on topics such as the death penalty and abortion.

Notably, though, Graham, towards the end of his questioning, conceded that her judicial record is very much in the mainstream. He said that even former Whitewater independent counsel Ken Starr endorsed her nomination. "You have come a long way," he said, toward.

Republican John Cornyn of Texas also agreed that her judicial record was in the mainstream. Yet, he said he was still "confused" about her, in light of her extra-judicial pronouncements. He quoted some of her speeches to suggest she had opined that "physiological differences" between judges can determine outcomes; that international law can properly guide U.S. judges; and that the idea of "a stable, 'capital L' law is a myth."

What could the judge, he asked, tell his constituents, to clear up their "cognitive dissonance?"
"I would tell your constituents, Senator: Look at my record," she said. “I have rejected the challenges of numerous plaintiffs with undisputably sympathetic claims."

One of the clear losers of the Sotomayor confirmation hearings is speech-making, itself. Will any Supreme Court aspirant ever again say anything provocative to law students?

Full post as published by Law Blog - WSJ.com on July 16, 2009 (boomark / email).