Sotomayor Pledges to Rule Without Racial Bias
By Dan Robinson
Capitol Hill
14 July 2009
President Obama's nominee for the Supreme Court, Sonia Sotomayor, said she would not allow personal views, sympathies or her ethnic background to influence her decisions if she is confirmed to the high court. Judge Sotomayor, who is expected to win confirmation as the nation's first Hispanic Supreme Court justice, fielded a range of questions on the second day of the week-long nomination hearing before the Senate Judiciary Committee.
Day two of the nomination hearing provided Judge Sonia Sotomayor with the opportunity to respond in detail to criticisms from Republicans that some of her past statements indicate she would allow her ethnic background or personal views to influence decisions she would make on the Supreme Court.
Committee chairman Democrat Senator Patrick Leahy, asked her to explain remarks at a symposium in 2001 when she said "a wise Latina" might make better decisions than a white man without the same life experiences.
Sotomayor said her remarks were made for the most part to women lawyers or groups of Latino lawyers and law students in an effort to inspire them. She also made this pledge:
"I want to state up front, unequivocally and without doubt, I do not believe that any ethnic, racial or gender group has an advantage in sound judging. I do believe that every person has an equal opportunity to be a good and wise judge regardless of their background or life experiences," she vowed.
Sotomayor was pressed further by senior Republican committee member Senator Jeff Sessions.
"You have repeatedly made this statement. I accept the proposal that a difference there will be, by the presence of women and people of color on the bench, and that my experiences affect the facts I choose to see as a judge. That is troubling to me as a lawyer," he said.
She said personal background can play a role in informing the law, but the law ultimately prevails.
"I do believe that life experiences are important to the process of judging, they help you to understand and listen, but that the law requires a result and it will command you to the facts that are relevant to the disposition of the case," she responded.
On other legal and Constitutional questions, Sotomayor was also asked whether she believes the landmark 1973 Supreme Court decision in Roe versus Wade, which established a woman's right to choose to have an abortion, is a matter of settled law.
Describing it as settled legal precedent, she noted that the decision was reaffirmed in a later 1992 case, and added she believes the Constitution provides a right to privacy that was the legal foundation of the Roe v Wade case.
Senator Dianne Feinstein, a Democrat, asked Sotomayor about questions of powers claimed by the executive branch under various administrations, specifically about "signing statements" former President Bush attached to legislation from Congress, including one banning the use of torture in interrogation.
"Does the Constitution authorize the president to not follow parts of the laws, duly passed by the Congress, that he is willing to sign that he believes are an unconstitutional infringement on Executive authority?" She asked.
Noting that Congress and courts continue to grapple with this issue, Sotomayor responded cautiously.
"The issue in any particular case is also starting with what Congress says or has not said, and then looking at what the Constitution says about the powers of the president, minus Congress' powers in that area," she said.
If confirmed by the Judiciary Committee and the full Senate, Sotomayor would become the first Hispanic Supreme Court justice and only the third woman to sit on the nine-member Supreme Court.
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