Sotomayor's 'courtesy calls' mark 1st round of confirmation

ByABC News
June 18, 2009, 9:36 PM

WASHINGTON -- In visits with 71 senators during the past two weeks, Supreme Court nominee Sonia Sotomayor has essentially begun the first round of the confirmation process by previewing her answers to some of the questions senators are likely to ask.

These "courtesy calls," which may seem mostly grist for photo opportunities, can yield valuable information for the senators, the nominee and her White House escorts.

Why did Judge Sotomayor say a "wise Latina woman" could decide cases better than a "white male who hasn't lived that life"?

That controversial line from a 2001 presentation, Sotomayor told Sen. Susan Collins, R-Maine, was meant to inspire her audience, not reflect her method of judging. Separately, Sotomayor told Sen. Patrick Leahy, D-Vt., that while she believes life experiences affect a judge, her decisions are based "ultimately and completely" on the law.

When Sen. Lindsey Graham, R-S.C., met with Sotomayor, he raised reports from lawyers made anonymously in a legal trade publication that she was intemperate on the bench. "I said it was a concern to me," Graham related. "I don't like bully judges. She said, 'I sure am not.' "

Legal experts say the exchanges with senators can be a dry-run for matters of substance at the hearings, scheduled to begin July 13.

"This is a ritual that she has to go through," says American University law professor Herman Schwartz, who has written books on judicial nominations. "She's been through this before and with a Republican-controlled Senate." Sotomayor was named by Democratic President Clinton in 1997 to the U.S. Court of Appeals for the 2nd Circuit. The Senate approved her 67-29 in 1998.

"The nominee wants to get a sense of the senator, dispel rumors that might have arisen and give a good impression," says Robert McConnell, who as a Reagan administration lawyer escorted Sandra Day O'Connor in 1981. "It can be the case that the person accompanying the nominee gets the most out of the meeting. That person can feed the information back into the nominee's preparation, add focus to the moot court sessions," practice runs.