Silent Sotomayor on the Hill

By Huma Khan
@humaik
Follow on Twitter

ABC News’ Jonathan Karl reports: At a photo-op before her meeting with Republican Senate Leader Mitch McConnell this afternoon, someone asked Judge Sotomayor, “What do you make of that fact that two prominent Republicans have called you a racist?” (a reference to Newt Gingrich & Rush Limbaugh). The question is clearly audible. Sotomayor hears it, but she resists the urge to respond. Instead she looks at the camera and shrugs.  The Senators, however, were free to talk. She won praise from both Democrats and Republicans, but one prominent Republican declared that President Obama’s judicial philosophy is “wrong” and that he would only vote for Sotomayor if she disagrees with the president. Jeff Sessions, the ranking Republican on the Judiciary Committee, was effusive in his praise.  “Judge Sotomayor is engaging and has a wonderful history,” Sessions said. ”She was a private practitioner, a prosecutor, a trial judge and an appellate judge. That’s good background for something like the Supreme Court, and gives a good, broad-based experienced level.”  Sessions says he promised her a fair confirmation process, but he is not going to be pinned down on the timing of hearings or a final vote. Noting that Justice David Souter remains on the court and that Sotomayor has a long record to review, Sessions said, “I’m not prepared to say that we can get it done before August.” Republican whip Jon Kyl, who Sotomayor is meeting this afternoon, was less effusive. He attacked President Obama’s judicial philosophy as “wrong” and said, essentially, that he wants assurances that Sotomayor disagrees with Obama.  Kyl said: ”When President Obama was a senator and he decided to vote against both now-Justice Alito and Justice Roberts, he made a statement on the floor, and he said that in 95 percent of the cases, judges agree, but that last 5 percent, there may not be precedent, there may not be law that dictates the result, and that’s when you have to let your feelings, your — your preconceived notions, your sense of empathy and other factors enter in, including whether you want to help the little guy. That’s wrong. His test is wrong. And I would hope that this nominee does not agree with the president’s test.” “And so, I think what this could boil down to — and we’ll have to examine very carefully all of the evidence — is what this judge’s view of judging is,” Kyl added. “Is it the same as the president’s, which I reject, or is it more in common with what past judges and justices have done in deciding the cases on the merits rather their own feelings.” The Democrats, predictably, sounded ready to vote to confirm Sotomayor today.  “I came away absolutely convinced,” Senator Majority Leader Harry Reid told reporters after his meeting with Judge Sotomayor. ”She made clear in that meeting that she is a person who is going to be fantastic, superb Supreme Court justice.”