Sonia Sotomayor Supreme Court nomination
Encyclopedia
On May 26, 2009, President
Barack Obama
announced his selection of Judge Sonia Sotomayor
for Associate Justice
of the Supreme Court of the United States
, to replace retiring Justice David Souter
. Sotomayor's nomination was formally submitted to the United States Senate
on June 1, 2009, when the 111th Congress
reconvened after its Memorial Day recess. Sotomayor was confirmed by the U.S. Senate on August 6, 2009 by a 68-31 vote and was commissioned by President Obama the same day. She was sworn in by Chief Justice
John Roberts
on August 8, 2009.
When nominated, Sotomayor was a sitting judge of the United States Court of Appeals for the Second Circuit
, to which she had been appointed by Bill Clinton
. She had previously served on the United States District Court for the Southern District of New York
, to which she was appointed by George H. W. Bush
.
and Democratic
presidents. In July 2005, a number of Senate Democrats suggested Sotomayor, among others, to President George W. Bush
as a nominee acceptable to them to fill the seat of retiring Supreme Court Justice Sandra Day O'Connor
. The seat was eventually filled by Judge Samuel A. Alito, Jr.
of the Third Circuit
.
Since Barack Obama's election, there had been speculation that Sotomayor could be a leading candidate for the Supreme Court seat of Justice David Souter, or for any opening on the Court during Obama's term. On April 9, 2009, Senators Charles Schumer
and Kirsten Gillibrand
wrote a joint letter to President Obama urging him to appoint Sotomayor, or alternatively Interior Secretary Ken Salazar
, to the Supreme Court if a vacancy should arise on the Court during his term. On April 30, 2009, David Souter
's retirement plans were leaked to the media, and Sonia Sotomayor received early attention as a possible nominee for the seat to be vacated in June 2009. On May 13, 2009, the Associated Press
reported that President Obama was considering Sotomayor, among others, for possible appointment to the United States Supreme Court. On May 26, 2009, Obama announced that he would nominate Sotomayor to the court, with her formal nomination following on June 1. After her confirmation, Sotomayor became the Supreme Court's first Latina
justice.
of Article Two of the United States Constitution
requires the President to obtain the "advice and consent" of the United States Senate
to appoint a Justice to the Supreme Court. In July 2009, the Senate had 58 Democrats, 2 independents who caucused with the Democrats, and 40 Republicans. In order to block the nomination, Republicans would need to vote unanimously against Sotomayor and persuade eleven non-Republican Senators to follow suit or prevent a vote from taking place at all through a filibuster
, which would have meant that the Democrats would have needed 60 senators to vote for cloture
.
Before the Senate vote took place, Sotomayor was questioned by the Senate Judiciary Committee
on July 28, 2009, which then voted out a recommendation to the full Senate.
of Vermont
said he expected Sotomayor to be in the "mold of Justice Souter, who understands the real-world impact of the Court's decisions, rather than the mold of conservative activists who second-guess Congress."
Arlen Specter
of Pennsylvania
said, "Her confirmation would add needed diversity in two ways: the first Hispanic and the third woman to serve on the high court."
Russ Feingold
of Wisconsin
said that "from all accounts, she is a highly qualified and very experienced judge."
of Utah
said he "will focus on determining whether Judge Sotomayor is committed to deciding cases based only on the law as made by the people and their elected representatives, not on personal feelings or politics. I look forward to a fair and thorough process."
John Cornyn
of Texas
said Sotomayor must "prove her commitment to impartially deciding cases based on the law, rather than based on her own personal politics, feelings, and preferences."
On June 10, 2009, all seven Republican members of the Judiciary committee (Tom Coburn
, John Cornyn
, Lindsey Graham
, Jon Kyl
, Charles E. Grassley, Orrin G. Hatch, and Jeff Sessions
) by letter sent a detailed four page request that Sotomayor amend, supplement and expand upon the materials and answers supplied in response to the committee's original questionnaire for the candidate.
Lindsey Graham
of South Carolina
announced that he would vote in favor of Sotomayor, while Jon Kyl
of Arizona
, John Cornyn
of Texas
, Orrin Hatch
of Utah
, Jeff Sessions
of Alabama
and Chuck Grassley
of Iowa
announced that they would vote against her.
of Massachusetts said, "I strongly support President Obama's historic nomination. Judge Sotomayor's remarkable life story is an inspiring example of the American dream, and she has a highly distinguished legal background. She'll bring intelligence, insight, and experience to the vital work of protecting the fundamental rights and liberties of all Americans. She is eminently qualified for the Supreme Court, and I look forward to her prompt confirmation by the Senate."
No Democratic Senator had announced that they would oppose Sotomayor's nomination.
Leader Mitch McConnell
of Kentucky
said "Senate Republicans will treat Judge Sotomayor fairly, but we will thoroughly examine her record to ensure she understands that the role of a jurist in our democracy is to apply the law even-handedly, despite their own feelings or personal or political preferences."
Olympia Snowe
of Maine
said of the nomination, "I commend President Obama for nominating a well-qualified woman, as I urged him to do during a one-on-one meeting on a variety of issues in the Oval Office earlier this month".
Pat Roberts
of Kansas
was the first Senator to officially come out against the nomination: "With all due respect to the nominee and nothing personal, I do not plan to vote for her. I did not feel she was appropriate on the appeals court. Since that time, she has made statements on the role of the appeals court I think is improper and incorrect.". Seven other non-Judiciary Committee Republicans announced that they would oppose her nomination: Bob Bennett of Utah
, Sam Brownback
of Kansas, Jim Bunning
and Mitch McConnell
of Kentucky, Thad Cochran
and Roger Wicker
of Mississippi, James Inhofe of Oklahoma
John Thune
of South Dakota
, and Mike Johanns
of Nebraska
.
Nine non-Judiciary Committee Republican Senators announced that they would vote in favor of Sotomayor's confirmation: Susan Collins
and Olympia Snowe
of Maine, Richard Lugar of Indiana
, Mel Martinez
of Florida
., and Lamar Alexander
of Tennessee
.
The Senate Judiciary Committee convened for the first day of Confirmation hearings on July 13, where Senator Charles Schumer
proclaimed that the opportunity that Sotomayor has could not have happened "anywhere else in the world", saying that America is "God's noble experiement". Out the many notable speakers, the Committee also welcomed newly sworn in Senator Al Franken
(D
-MN
), who marked his first Judiciary hearing on the committee since he was sworn in five days earlier. Two senators' statements were disrupted by hecklers. An unidentified man hollered, "What about the unborn?" during Dianne Feinstein
's (D-CA
) speech. Norma McCorvey
, the "Jane Roe" in the Roe v. Wade
Supreme Court case about abortion rights, and Francis Mahoney, both yelled during Franken's opening statement. McCorvey and Mahoney were arrested, along with Robert James and Andrew Beacham. Leahy warned spectators to behave themselves and not to express any outbursts for or against Sotomayor or senators.
While committee Democrats generally praised Sotomayor, Republicans expressed skepticism about Sotomayor's ability to be judicially impartial. Senator Jeff Sessions
(R
-AL
) brought up Sotomayor's membership in the Puerto Rican Legal Defense and Education Fund as concern over Sotomayor's decision in reviewing the district court case Ricci v. DeStefano. In that case, a three-judge panel that included Sotomayor ruled that a promotion test for firefighters in New Haven, Connecticut
was discriminatory and thus void. A few weeks prior to the Sotomayor confirmation hearings, the Supreme Court reversed the decision
.
Sotomayor began by thanking the 87 senators she "has the pleasure" of meeting and her family, including her mother, who joined her in the hearing. Sotomayor also said she was "very humbled" to be nominated, noting also she had seen the American judiciary system from many different perspectives. During her speech, she commented that "The task of a judge is not to make the law, it is to apply the law". Alexander Bolton of The Hill attributed such a pledge to George W. Bush
-nominated Justices John G. Roberts and Samuel Alito
. During her speech, Sotomayor also narrated her life story from her high school years while she lived in the projects, praising her mother: "She set the example, studying alongside my brother and me at our kitchen table so that she could become a registered nurse."
(D-VT
) began the session, and largely focused on Sotomayor's judicial record. The nominee took the opportunity to explain her ideals, and described herself as impartial and deferential to precedent, noting "It's important to remember that, as a job, I don't make law." Leahy then concentrated on the "Tarzan burglar" case, which Sotomayor prosecuted as assistant district attorney in Manhattan during the early 1980s. Sotomayor tied a series of incidents together and persuaded the trial judge to let her try the burglar on a number of crimes in one case. Leahy also gave Sotomayor the opportunity to explain her ruling in the Ricci
case, which the Supreme Court overturned after a ruling by a panel of which she was a member. Sotomayor stated that the ruling was based on precedent, and that it would have come out differently in light of the standard subsequently established by the Supreme Court on appeal.
Ranking Republican Jeff Sessions
(R-AL
) then began questioning, and notably referenced her "wise Latina" remark. Sotomayor stated that it was "meant to inspire" young people of Latino ancestry, and that she "was trying to play on Sandra Day O'Connor
's words. My play fell flat. It was bad."
Sotomayor was then questioned by Senator Herb Kohl
(D-WI
), who questioned her stance on abortion. She responded by noting that "there is a right to privacy," and that Roe v. Wade
is "settled law." Kohl also inquired about her stance on the Bush v. Gore
case, which stopped the recount during the 2000 election.
In regards to her comments about her personal experiences and sympathies when interpreting the Constitution, Senator Orrin Hatch
(R-UT
) questioned her ability to rule on issues such as the second amendment
. Sotomayor answered by stating that she has ruled in favor of the second amendment, and that she personally has friends who use guns for hunting.
Senator Dianne Feinstein
(D-CA
) next highlighted key experience points that she had assessed over her sixteen years on the committee. Feinstein then argued against claims that Sotomayor was an "activist judge", referencing the Ricci case, in stating that conservative members of the Supreme Court have been the real activists in "discarding judicial precedents in recent years."
Senator Chuck Grassley
(R-IA
) again questioned his interpretation that her statements meant she was ruling by her feelings or experiences rather than by law, by stating that the "job (of Supreme Court Justice) is not to impose their own personal opinions of right and wrong." Sotomayor assured him that she did not. During one of Sotomayor's answers to Grassley, a protester notably erupted, shouting anti-abortion
statements that accused Sotomayor of being a "baby killer" and to "save the babies." Grassley then joked that "people always say I have the ability to turn people on," after the heckler had been taken out of the room and arrested by police.
Senator Russ Feingold
(D-WI) then questioned her on "post-9/11 policies," as well as her opinions on such cases as the Court's decisions in Rasul
, Hamdi
, Hamdan
and Boumediene
. Sotomayor responded that “the events of that day [...] were sometimes used to justify policies that depart so far from what America stands for” and that "A judge should never rule from fear."
Senator Jon Kyl (R-AZ
) once again raised the point of judging based on personal feelings or experiences by noting President Barack Obama's comment that judges rulings may be influenced by what's in their hearts. Sotomayor responded by saying that "[she] wouldn't approach the issue of judging in the way the president does." It was the first time that Sotomayor publicly attempted to distance herself from the president. Kyl also again referenced her "wise Latina" quote, and she again stated that it was meant to inspire young Latino students. Sotomayor also made clear that "if you look at my history on the bench, you will know that I do not believe that any ethnic, gender or race group has an advantage in sound judging." Senator Leahy defended Sotomayor in the face of ridicule by Senator Kyl.
In asking if Sotomayor felt sympathy for victims in cases that she had ruled on—specifically a case involving a TWA airliner which exploded
off the coast of New York, in which the families of the victims, many poor, attempted to sue the manufacturer to recover some of their losses—Senator Charles Schumer
(D-NY
) noted that "empathy is the opposite of indifference." In a later statement, Schumer said that "in [Sotomayor's] courtroom the rule of law always triumphs," with which Sotomayor agreed.
Sotomayor's Latina woman statement was once again quoted up by Senator Lindsey Graham
(R-SC
). Graham opined that "if I had said anything like that, and my reasoning was that I was trying to inspire somebody, they would have had my head," and also "If Lindsey Graham said, I will make a better Senator than 'X' because of my experience as a caucasian male, makes me better able to represent the people of South Carolina, and my opponent was a minority ... It would make national news ... and it should." Graham claimed that he would not judge Sotomayor based on that one statement, while making it clear that "others could come nowhere close to that statement, and survive." Sotomayor agreed, but still represented that her words were taken out of context, specifically "in the context of the person's life." Graham later brought up statements that had been made by anonymous lawyers which described Sotomayor's temperament in a negative fashion. Despite the tone of Graham's points, he stated that he may still vote for her.
As the final questioner of the day, Senator Richard Durbin (D-IL
) asked Sotomayor about her opinions on Justice Blackmun's quote that he will cease to tinker with the death penalty, and on his regret concerning the disparity in crack/powder cocaine
sentencing for which Congress, and he, had voted. Sotomayor demurred from criticizing Congress and more or less passed on answering. Durbin followed up on his death penalty question emphasizing his concern about courts following up on assuring appeals plaintiffs about DNA
evidence that may have come to light since their convictions, and he also brought up the case of Ledbetter v. Goodyear Tire & Rubber Co.
in stating that "the recent decision of Ledbetter v. Goodyear Tire and Rubber is a classic example of the Supreme Court putting activism over common sense," in reference to statements made by Republican critics who had labeled her as an activist judge.
After the conclusion of Senator Durbin's statements, the committee convened.
(R-TX
), who immediately went after her "wise Latina" remark once again, in trying to further clarify the difference between that statement, and the statement that Sotomayor has compared hers to, in which former Supreme Court Justice Sandra Day O'Connor
likened the decisions made by a "wise old woman" and a "wise old man." Cornyn also noted a 1996 quote made by Sotomayor, in which she stated that judges can "change law." Sotomayor went on to claim that the statement was taken out of context, and that she was explaining the process of law to the public, and that judges "can't change law. We are not lawmakers." Cornyn also asked if President Obama had asked Sotomayor's opinion on abortion rights. She responded that "[he] did not ask me about any specific legal questions [...] or any social issues." Cornyn ended asking for further explanation about her ruling in the Ricci case.
Senator Ben Cardin (D-MD
) sought to balance Senator Lindsey Graham's selected anonymous statements decrying about Sotomayor's temperament, by reading positive reviews from fellow lawyers and judges. Cardin also raised the Voting Rights Act
, and inquired Sotomayor's opinion on the right of the public to participate in voting. Sotomayor stated that voting is a fundamental right, and that the Congress has done a good job in regard to protecting the right to vote. Cardin recognized Sotomayor's achievements at Princeton University
, and asked of her opinion of hearing different voices in public schools, as well as steps the federal government could take to further recognize diversity. Sotomayor cited the example of the University of Michigan
, which promoted "as much diversity as possible." She also referenced the Equal Protection Clause
under the law. In closing his statement, Cardin finally asked about Sotomayor's opinion on privacy, in terms of technology, and how it should be interpreted under the Constitution, which was "written in the eighteenth century." Sotomayor made it clear that privacy is specifically protected under the Constitution.
In reacting to the outbursts by anti-abortion advocates, Senator Tom Coburn
(R-OK
) asked numerous questions in regard to abortion under the law. Sotomayor answered by stating that she would need to look at the respective states' laws in the individual cases, and that she would not be able to answer the question without being informed about the details of the specific case. She also made it clear that "[judges] do not make policy" in terms of abortion, but only apply the law as it is specified. Coburn then went on to inquire about the Second Amendment, and referenced District of Columbia v. Heller
, in asking if it was or was not the fundamental right of Americans to bear arms. Sotomayor agreed with Coburn that there is a fundamental and individual right to bear arms under the Second Amendment. Going further, Coburn then inquired about Sotomayor's personal opinion on the right to self-defense, which Sotomayor steadfastly refused to answer according to her own opinion, answering instead by stating that under New York law, facing certain imminent threat, "you can use force to repel that, and that would be legal." Coburn then asked if there was any right to use any foreign law in a judge's rulings in the United States. Sotomayor stated that "Foreign law cannot be used ... as a precedent" unless U.S. statute so directs.
Senator Sheldon Whitehouse
(D-RI
) reassured Sotomayor that she was doing well in her hearing. Whitehouse then asked about Sotomayor's role in the Puerto Rican Legal Defense Fund
, inquiring if there was a vetting process in deciding the board members. Sotomayor stated there was none. Whitehouse then went on to ask about the search and seizure, as well as the federal government's involvement in warrants, in terms of fighting "terrorist extremists." She stated that it was the judge's decision whether a warrant should or should not be issued, based on the evidence presented.
Senator Amy Klobuchar
(D-MN
) went back to previous statements made by Sotomayor, in terms of whether rulings should be based on personal feelings, or on law. Sotomayor reiterated her statements that she can only "apply the law", and not make it. Klobuchar then asked about a child pornography
case, in which a warrant was not properly attained. Sotomayor described that she had sided with the panel, which had ruled that the search was unconstitutional, but the police officers had acted in "good faith." Further statements by Klobuchar were very supportive of Sotomayor, and noted her sentencings of white collar defendants.
Senator Ted Kaufman
(D-DE
) asked about Sotomayor's tenure as a litigator of commercial law cases. Kaufman asked numerous questions about how her commercial practice incorporates itself into her current evaluations and rulings as a judge. Kaufman then referenced a case in which she ruled legal immunity for the New York Stock Exchange
, despite Sotomayor's statement that their "behavior was egregious". Kaufman also asked questions on antitrust law, and about how economic theory related to judicial decisions.
After a brief recess, Senator Arlen Specter
(D-PA
) first complimented Sotomayor on her handling of questions during the hearing. Specter then once again brought up the wise Latina comment, and likened them to similar statements from others currently on the Supreme Court. The terror surveillance program was then brought up, with Specter very critical of former President Bush's wiretapping of US citizens without warrants
. Sotomayor largely avoided getting immersed in the controversy. Specter then made a case for allowing television cameras into the courtroom. Sotomayor stated that she personally allowed television cameras into her courtroom, but conceded that it is up to the justices on the Supreme Court whether to allow it at that level.
The newest member of the committee, Senator Al Franken
(D-MN) noted that the "hearings are a way for Americans to learn about the court, and the impact on their lives." He transitioned to free speech in regards to the internet, and noted the value of such tools as Twitter
to convey the facts on the ground
of the recent Iranian election protests
. Franken asked about the role of Internet service providers regarding the issue of net neutrality, in speeding up the service provider's own content while slowing down other providers' content. Sotomayor stated that the "role of the court is to not make the policy, it is to wait until Congress acts." Franken further pressed by asking "Isn't there a compelling, overriding, first amendment right here, for Americans to have access to the internet?" Sotomayor stated that "rights are rights, and what the court looks at is how Congress balances those rights in a particular situation, and then judge whether that balance is within constitutional boundaries [...] and then we'll look at that and see if it's constitutional." Franken asked the definition of "judicial activism," which Sotomayor said was neither descriptive of her nor a term she uses, averring that she does not use labels. Franken notably then pulled out his pocket Constitution, referencing the Fifteenth Amendment to the United States Constitution
in noting the recent decision to uphold the Voting Rights Act, which Sotomayor declined to speak on because the case was pending a future ruling by the Supreme Court. Franken asked if the words "birth control" and "privacy" were in the Constitution, in reference to previous Senators' statements on whether or not the word "abortion" was in the Constitution. Sotomayor answered that neither of those words are in the Constitution, after which Franken asked if the Constitution was "at all relevant" in regards to certain issues, which Sotomayor argued against. Franken finally asked if privacy issues were involved in abortion rights, and Sotomayor agreed.
The committee then convened to a closed session, to review a Federal Bureau of Investigation
background check, which is a part of the regular vetting process.
After reconvening, Senator Jeff Sessions began his second round of questioning by bringing up the Puerto Rican Legal Defense Fund, and asked if she had been involved in fundraising. Sotomayor stated that board members serve other functions than fundraising, including "employment, public health, education, and others." Senator Leahy then interjected, and followed up on his concerns over the Second Amendment. Senator Kohl then brought up arguments mentioned by Ted Kaufman in regards to antitrust laws, and Sotomayor responded by stating that she would, at the "court's precedent, [...] apply it" to the situation. Kohl then gave a statistic stating that the Supreme Court only hears "about one percent" of the cases that are brought before the court. Senator Orrin Hatch gave further arguments about the Doctrine of Incorporation
, and further reviewed Sotomayor's statement of "fidelity to the law." Hatch also brought up the right to privacy, and the fact that Sotomayor had stated that the Constitution "cannot be bent," and that courts "can apply the words of the Constitution to the facts of the case before them." Hatch next brought up once again the issue of "empathy" in judicial ruling. Sotomayor once again responded that personal experience does not trump the law.
After a recess, Senator Feinstein drew a line of support for Sotomayor. Senator Grassley then brought up the issue of gay marriage, and whether the federal government or the states' governments should decide the issue. Sotomayor described the process, but not her own personal opinion on the matter or how she would approach the case. Grassley continued to press on Sotomayor's rulings in multiple cases, with Sotomayor explaining the process of judging involved in each specific case. Senator Cardin was the final Senator to question Sotomayor, and thanked Sotomayor for her service, and for appearing before the Judiciary Committee. Cardin asked about freedom of religion, and the Separation of church and state in the United States
, to which Sotomayor was supportive of the law involving freedom of religion, and restriction of the states to form their own religion. Recess was called after Senator Cardin finished questioning.
Senator Lindsey Graham then began his questioning, asking about whether or not the Second Amendment
was a fundamental right, which Sotomayor agreed. Graham then asked "What binds you, when it comes to a fundamental right?" Sotomayor responded by quickly saying, "The rule of law." Graham then asked about abortion rights, in regards to the Puerto Rican Legal Defense Fund. Sotomayor refused to answer the question. Next asked about the death penalty, and a statement she made in the 1980s in opposition to the death penalty. Graham then stated that her stance on the issues is "left of center." Graham then asked if Sotomayor regretted her wise Latina remark, to which Sotomayor stated that "it was not [her] intention to leave the impression, that people have gotten from [her] words" about the wise Latina comment.
Senator Amy Klobuchar, then began her questioning, and began by reading positive letters, casting Sotomayor in a positive light. Senator John Cornyn next questioned statements that she had made in speeches, and how they are "quite different" from what "[she] is saying before the committee." Sotomayor answered by stating to "look at [her] record." Next asking about gay marriage, and whether that would be making law, or interpreting the law, if the Supreme Court were to rule in favor of gay marriage, and Sotomayor largely attempted to avoid answering the question. Next asking about campaign contributions, and difference of a contribution and a bribe, and referenced President Barack Obama's large amounts of fundraising from private funds, Sotomayor agreed with the statements that Cornyn made about whether or not it was the right of individuals to contribute. Senator Arlen Specter began his questioning, and asked about the number of cases that the Supreme Court hears, to which Sotomayor responded that "it appears" the Supreme Court "has the capacity to hear more cases." Specter went on to raise specific court cases, as well as reference his previous questions about 9/11, to which Sotomayor responded in the same fashion as when she previously was asked the question. The committee recessed afterward.
After recess, Senator Tom Coburn began his questioning of Sotomayor, and began by again asking about precedent, and ruling by the law. Coburn then went on to reiterate his earlier questions about abortion, including whether or not Roe v. Wade overrode the state's positions on abortion, which Sotomayor stated that she did not know, before Coburn stated that it was. Senator Al Franken then began his questioning, and asked why Sotomayor wants to be a Supreme Court justice. Franken then stated that he would in fact be supporting Sotomayor, after she told a story from when she first began her career.
Senator Jeff Sessions next began a third round of questioning, to raise concerns that he had about some of Sotomayor's answers. Sessions then stated that he would not support a Republican filibuster. Third-round questioning continued with Senators Orrin Hatch, Chuck Grassley, Jon Kyl, Lindsey Graham, John Cornyn, Tom Coburn, and Patrick Leahy briefly raising their concerns, and getting short answers from Sotomayor.
, who reviewed Sotomayor as "highly qualified".
The second series of testimonies involved the Ricci v. DeStefano case. Attorney General of Arkansas Dustin McDaniel
, New York City
Mayor Michael Bloomberg
, New York County
District Attorney Robert M. Morgenthau
, and Leader of the Conference of Civil Rights Professor Wade Henderson
testified in support of Sotomayor. Peter Kirsanow
of the U.S. Commission on Civil Rights and Lisa Chavez of the Center for Equal Opportunity
as well as firefighters Frank Ricci and Lieutenant Ben Vargas testified in opposition to Sotomayor's confirmation.
In the third series of testimonies, Louis Freeh
, former associate of Sotomayor and former FBI
Director, Chuck Canterbury of the Fraternal Order of Police
, former MLB
player David Cone
, Kate Stith
of Yale Law School
all advocated Sotomayor's confirmation, and Charmaine Yoest of Americans United for Life
,former National Rifle Association
president Sandy Froman, David Kopel of the Independence Institute
, and Ilya Somin of the George Mason University School of Law
all advocated against Sotomayor's confirmation.
In the fourth series of testimonies, Congresswoman Nydia Velasquez of New York, President of the Hispanic National Bar Association
Ramona Romero, and former Sotomayor associate Theodore Shaw of the Columbia Law School
, all advocated Sotomayor's confirmation, and Tim Jeffries of P7 Enterprises opposed Sotomayor's confirmation. Neomi Rao of the George Mason University School of Law, John McGinnis
of the Northwestern University School of Law
, and Nick Rosenkranz of the Georgetown University Law Center
also gave testimonies, but stated that they neither opposed, nor advocated Sotomayor's confirmation.
In the fifth series of testimonies, Congressman José Serrano of New York, Patricia Hynes of the New York Bar Association and JoAnne A. Epps of the National Association of Women Lawyers all advocated Sotomayor's confirmation, and Stephen Holbrook of the National Rifle Association
opposed Sotomayor's confirmation, while David B. Rivkin
of the law firm Baker & Hostetler stated that he neither opposed, nor advocated Sotomayor's confirmation.
The committee then convened, after hearing all the statements made by each witness.
voted 13-6 in favor of Sotomayor, setting up a final confirmation vote by the Senate.
of Massachusetts
, a supporter of the nomination, was not present for voting due to health issues. A minimum of 51 votes, or a simple majority
, was required for confirmation. The full Senate ended its debate on the confirmation on August 6, and, as expected, confirmed Sotomayor, on a vote of 68-31.
Notes: All dates are in 2009. D = Democratic
; R = Republican
; I = independent
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
announced his selection of Judge Sonia Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
for Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, to replace retiring Justice David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
. Sotomayor's nomination was formally submitted to the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on June 1, 2009, when the 111th Congress
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
reconvened after its Memorial Day recess. Sotomayor was confirmed by the U.S. Senate on August 6, 2009 by a 68-31 vote and was commissioned by President Obama the same day. She was sworn in by Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
John Roberts
John Roberts
John Glover Roberts, Jr. is the 17th and current Chief Justice of the United States. He has served since 2005, having been nominated by President George W. Bush after the death of Chief Justice William Rehnquist...
on August 8, 2009.
When nominated, Sotomayor was a sitting judge of the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
, to which she had been appointed by Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
. She had previously served on the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
, to which she was appointed by George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
.
Speculation regarding the nomination of Sotomayor
Prior to her reported selection as President Obama's nominee, Sotomayor had been appointed as a judge by both RepublicanRepublican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
and Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
presidents. In July 2005, a number of Senate Democrats suggested Sotomayor, among others, to President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
as a nominee acceptable to them to fill the seat of retiring Supreme Court Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
. The seat was eventually filled by Judge Samuel A. Alito, Jr.
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
of the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
.
Since Barack Obama's election, there had been speculation that Sotomayor could be a leading candidate for the Supreme Court seat of Justice David Souter, or for any opening on the Court during Obama's term. On April 9, 2009, Senators Charles Schumer
Charles Schumer
Charles Ellis "Chuck" Schumer is the senior United States Senator from New York and a member of the Democratic Party. First elected in 1998, he defeated three-term Republican incumbent Al D'Amato by a margin of 55%–44%. He was easily re-elected in 2004 by a margin of 71%–24% and in 2010 by a...
and Kirsten Gillibrand
Kirsten Gillibrand
Kirsten Elizabeth Rutnik Gillibrand is an attorney and the junior United States Senator from the state of New York and a member of the Democratic Party...
wrote a joint letter to President Obama urging him to appoint Sotomayor, or alternatively Interior Secretary Ken Salazar
Ken Salazar
Kenneth Lee "Ken" Salazar is the current United States Secretary of the Interior, in the administration of President Barack Obama. A member of the Democratic Party, he previously served as a United States Senator from Colorado from 2005 to 2009. He and Mel Martinez were the first Hispanic U.S...
, to the Supreme Court if a vacancy should arise on the Court during his term. On April 30, 2009, David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
's retirement plans were leaked to the media, and Sonia Sotomayor received early attention as a possible nominee for the seat to be vacated in June 2009. On May 13, 2009, the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
reported that President Obama was considering Sotomayor, among others, for possible appointment to the United States Supreme Court. On May 26, 2009, Obama announced that he would nominate Sotomayor to the court, with her formal nomination following on June 1. After her confirmation, Sotomayor became the Supreme Court's first Latina
Hispanic and Latino Americans
Hispanic or Latino Americans are Americans with origins in the Hispanic countries of Latin America or in Spain, and in general all persons in the United States who self-identify as Hispanic or Latino.1990 Census of Population and Housing: A self-designated classification for people whose origins...
justice.
Senate response
The Appointments ClauseAppointments Clause
Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the President of the United States to appoint certain public officials with the "advice and consent" of the U.S. Senate...
of Article Two of the United States Constitution
Article Two of the United States Constitution
Article Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...
requires the President to obtain the "advice and consent" of the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
to appoint a Justice to the Supreme Court. In July 2009, the Senate had 58 Democrats, 2 independents who caucused with the Democrats, and 40 Republicans. In order to block the nomination, Republicans would need to vote unanimously against Sotomayor and persuade eleven non-Republican Senators to follow suit or prevent a vote from taking place at all through a filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
, which would have meant that the Democrats would have needed 60 senators to vote for cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
.
Before the Senate vote took place, Sotomayor was questioned by the Senate Judiciary Committee
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
on July 28, 2009, which then voted out a recommendation to the full Senate.
Democratic members of the Senate Judiciary Committee
Chairman Democrat Patrick LeahyPatrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
of Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
said he expected Sotomayor to be in the "mold of Justice Souter, who understands the real-world impact of the Court's decisions, rather than the mold of conservative activists who second-guess Congress."
Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
said, "Her confirmation would add needed diversity in two ways: the first Hispanic and the third woman to serve on the high court."
Russ Feingold
Russ Feingold
Russell Dana "Russ" Feingold is an American politician from the U.S. state of Wisconsin. He served as a Democratic party member of the U.S. Senate from 1993 to 2011. From 1983 to 1993, Feingold was a Wisconsin State Senator representing the 27th District.He is a recipient of the John F...
of Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
said that "from all accounts, she is a highly qualified and very experienced judge."
Republican members of the Senate Judiciary Committee
Orrin HatchOrrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
of Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
said he "will focus on determining whether Judge Sotomayor is committed to deciding cases based only on the law as made by the people and their elected representatives, not on personal feelings or politics. I look forward to a fair and thorough process."
John Cornyn
John Cornyn
John Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....
of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
said Sotomayor must "prove her commitment to impartially deciding cases based on the law, rather than based on her own personal politics, feelings, and preferences."
On June 10, 2009, all seven Republican members of the Judiciary committee (Tom Coburn
Tom Coburn
Thomas Allen "Tom" Coburn, M.D. , is an American politician, medical doctor, and Southern Baptist deacon. A member of the Republican Party, he currently serves as the junior U.S. Senator from Oklahoma. In the Senate, he is known as "Dr. No" for his tendency to place holds on and vote against bills...
, John Cornyn
John Cornyn
John Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....
, Lindsey Graham
Lindsey Graham
Lindsey Olin Graham is the senior U.S. Senator from South Carolina and a member of the Republican Party. Previously he served as the U.S. Representative for .-Early life, education and career:...
, Jon Kyl
Jon Kyl
Jon Llewellyn Kyl is the junior U.S. Senator from Arizona and the Senate Minority Whip, the second-highest position in the Republican Senate leadership. In 2010 he was recognized by Time magazine as one of the 100 most influential people in the world for his persuasive role in the Senate.The son...
, Charles E. Grassley, Orrin G. Hatch, and Jeff Sessions
Jeff Sessions
Jefferson Beauregard "Jeff" Sessions III is the junior United States Senator from Alabama. First elected in 1996, Sessions is a member of the Republican Party...
) by letter sent a detailed four page request that Sotomayor amend, supplement and expand upon the materials and answers supplied in response to the committee's original questionnaire for the candidate.
Lindsey Graham
Lindsey Graham
Lindsey Olin Graham is the senior U.S. Senator from South Carolina and a member of the Republican Party. Previously he served as the U.S. Representative for .-Early life, education and career:...
of South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
announced that he would vote in favor of Sotomayor, while Jon Kyl
Jon Kyl
Jon Llewellyn Kyl is the junior U.S. Senator from Arizona and the Senate Minority Whip, the second-highest position in the Republican Senate leadership. In 2010 he was recognized by Time magazine as one of the 100 most influential people in the world for his persuasive role in the Senate.The son...
of Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, John Cornyn
John Cornyn
John Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....
of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
of Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, Jeff Sessions
Jeff Sessions
Jefferson Beauregard "Jeff" Sessions III is the junior United States Senator from Alabama. First elected in 1996, Sessions is a member of the Republican Party...
of Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
and Chuck Grassley
Chuck Grassley
Charles Ernest "Chuck" Grassley is the senior United States Senator from Iowa . A member of Republican Party, he previously served in the served in the United States House of Representatives and the Iowa state legislature...
of Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
announced that they would vote against her.
Other Democratic Senators
Ted KennedyTed Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
of Massachusetts said, "I strongly support President Obama's historic nomination. Judge Sotomayor's remarkable life story is an inspiring example of the American dream, and she has a highly distinguished legal background. She'll bring intelligence, insight, and experience to the vital work of protecting the fundamental rights and liberties of all Americans. She is eminently qualified for the Supreme Court, and I look forward to her prompt confirmation by the Senate."
No Democratic Senator had announced that they would oppose Sotomayor's nomination.
Other Republican Senators
Senate RepublicanRepublican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Leader Mitch McConnell
Mitch McConnell
Addison Mitchell "Mitch" McConnell, Jr. is the senior United States Senator from Kentucky and the Republican Minority Leader.- Early life, education, and military service :...
of Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
said "Senate Republicans will treat Judge Sotomayor fairly, but we will thoroughly examine her record to ensure she understands that the role of a jurist in our democracy is to apply the law even-handedly, despite their own feelings or personal or political preferences."
Olympia Snowe
Olympia Snowe
Olympia Jean Snowe , née Bouchles, is the senior United States Senator from Maine and a member of the Republican Party. Snowe has become widely known for her ability to influence the outcome of close votes, including whether to end filibusters. She and her fellow Senator from Maine, Susan Collins,...
of Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
said of the nomination, "I commend President Obama for nominating a well-qualified woman, as I urged him to do during a one-on-one meeting on a variety of issues in the Oval Office earlier this month".
Pat Roberts
Pat Roberts
Charles Patrick "Pat" Roberts is the senior United States Senator from Kansas. A member of the Republican Party, he has served since 1997...
of Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
was the first Senator to officially come out against the nomination: "With all due respect to the nominee and nothing personal, I do not plan to vote for her. I did not feel she was appropriate on the appeals court. Since that time, she has made statements on the role of the appeals court I think is improper and incorrect.". Seven other non-Judiciary Committee Republicans announced that they would oppose her nomination: Bob Bennett of Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, Sam Brownback
Sam Brownback
Samuel Dale "Sam" Brownback is the 46th and current Governor of Kansas. A member of the Republican Party, he served as a U.S. Senator from Kansas from 1996 to 2011, and as a U.S. Representative for Kansas's 2nd congressional district from 1995 to 1996...
of Kansas, Jim Bunning
Jim Bunning
James Paul David "Jim" Bunning is an American former Major League Baseball pitcher and politician.During a 17-year baseball career, he pitched from 1955 to 1971, most notably with the Detroit Tigers and the Philadelphia Phillies. When he retired, he had the second-highest total of career...
and Mitch McConnell
Mitch McConnell
Addison Mitchell "Mitch" McConnell, Jr. is the senior United States Senator from Kentucky and the Republican Minority Leader.- Early life, education, and military service :...
of Kentucky, Thad Cochran
Thad Cochran
William Thad Cochran is the senior United States Senator from Mississippi and a member of the Republican Party. First elected to the Senate in 1978, he is the ranking member of the Senate Committee on Appropriations and was its chairman and 2005 to 2007.-Early life:He was born in Pontotoc,...
and Roger Wicker
Roger Wicker
Roger Frederick Wicker is the junior U.S. Senator from Mississippi and a member of the Republican Party. In December 2007 he was appointed by Governor Haley Barbour to fill the seat vacated by Trent Lott. He subsequently won the 2008 special election for the remainder of the term. Wicker served...
of Mississippi, James Inhofe of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
John Thune
John Thune
John Randolph Thune is the junior U.S. Senator from South Dakota and a member of the Republican Party. He previously served as a U.S. Representative for .-Early Life, Education:...
of South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
, and Mike Johanns
Mike Johanns
Michael Owen "Mike" Johanns is an American Republican politician who has been the junior United States Senator from Nebraska since 2009. Previously he was the 38th Governor of Nebraska from 1999 to 2005 and was U.S. Secretary of Agriculture from 2005 to 2007, becoming the fourth Nebraskan to hold...
of Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
.
Nine non-Judiciary Committee Republican Senators announced that they would vote in favor of Sotomayor's confirmation: Susan Collins
Susan Collins
Susan Margaret Collins is the junior United States Senator from Maine and a member of the Republican Party. First elected to the Senate in 1996, she is the ranking member of the Senate Committee on Homeland Security and Governmental Affairs...
and Olympia Snowe
Olympia Snowe
Olympia Jean Snowe , née Bouchles, is the senior United States Senator from Maine and a member of the Republican Party. Snowe has become widely known for her ability to influence the outcome of close votes, including whether to end filibusters. She and her fellow Senator from Maine, Susan Collins,...
of Maine, Richard Lugar of Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
, Mel Martinez
Mel Martinez
Melquíades Rafael Martínez Ruiz, usually known as Mel Martinez , is a former United States Senator from Florida and served as Chairman of the Republican Party from November 2006 until October 19, 2007, the first Latino to serve as chairman of a major party...
of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
., and Lamar Alexander
Lamar Alexander
Andrew Lamar Alexander is the senior United States Senator from Tennessee and Conference Chair of the Republican Party. He was previously the 45th Governor of Tennessee from 1979 to 1987, United States Secretary of Education from 1991 to 1993 under President George H. W...
of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
.
Confirmation hearings
President Obama indicated that he would like to see Sotomayor confirmed by the beginning of the Senate recess on August 7, 2009. On June 9, 2009, Patrick Leahy announced that Judiciary Committee hearings on Sotomayor's nomination would begin on Monday, July 13, 2009.Day 1 (July 13)
Charles Schumer
Charles Ellis "Chuck" Schumer is the senior United States Senator from New York and a member of the Democratic Party. First elected in 1998, he defeated three-term Republican incumbent Al D'Amato by a margin of 55%–44%. He was easily re-elected in 2004 by a margin of 71%–24% and in 2010 by a...
proclaimed that the opportunity that Sotomayor has could not have happened "anywhere else in the world", saying that America is "God's noble experiement". Out the many notable speakers, the Committee also welcomed newly sworn in Senator Al Franken
Al Franken
Alan Stuart "Al" Franken is the junior United States Senator from Minnesota. He is a member of the Minnesota Democratic-Farmer-Labor Party, which affiliates with the national Democratic Party....
(D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
-MN
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
), who marked his first Judiciary hearing on the committee since he was sworn in five days earlier. Two senators' statements were disrupted by hecklers. An unidentified man hollered, "What about the unborn?" during Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....
's (D-CA
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
) speech. Norma McCorvey
Norma McCorvey
Norma Leah McCorvey , better known by the legal pseudonym "Jane Roe", was the plaintiff in the landmark American lawsuit Roe v. Wade in 1973. The U.S. Supreme Court overturned individual states' laws against abortion by ruling them unconstitutional...
, the "Jane Roe" in the Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
Supreme Court case about abortion rights, and Francis Mahoney, both yelled during Franken's opening statement. McCorvey and Mahoney were arrested, along with Robert James and Andrew Beacham. Leahy warned spectators to behave themselves and not to express any outbursts for or against Sotomayor or senators.
While committee Democrats generally praised Sotomayor, Republicans expressed skepticism about Sotomayor's ability to be judicially impartial. Senator Jeff Sessions
Jeff Sessions
Jefferson Beauregard "Jeff" Sessions III is the junior United States Senator from Alabama. First elected in 1996, Sessions is a member of the Republican Party...
(R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
-AL
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
) brought up Sotomayor's membership in the Puerto Rican Legal Defense and Education Fund as concern over Sotomayor's decision in reviewing the district court case Ricci v. DeStefano. In that case, a three-judge panel that included Sotomayor ruled that a promotion test for firefighters in New Haven, Connecticut
New Haven, Connecticut
New Haven is the second-largest city in Connecticut and the sixth-largest in New England. According to the 2010 Census, New Haven's population increased by 5.0% between 2000 and 2010, a rate higher than that of the State of Connecticut, and higher than that of the state's five largest cities, and...
was discriminatory and thus void. A few weeks prior to the Sotomayor confirmation hearings, the Supreme Court reversed the decision
Ricci v. DeStefano
Ricci v. DeStefano, 129 S. Ct. 2658, 2671, 174 L. Ed. 2d 490 is a decision by the Supreme Court of the United States arising from a lawsuit brought against the city of New Haven, Connecticut by twenty city firefighters alleging that the city discriminated against them with regard to promotions...
.
Sotomayor began by thanking the 87 senators she "has the pleasure" of meeting and her family, including her mother, who joined her in the hearing. Sotomayor also said she was "very humbled" to be nominated, noting also she had seen the American judiciary system from many different perspectives. During her speech, she commented that "The task of a judge is not to make the law, it is to apply the law". Alexander Bolton of The Hill attributed such a pledge to George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
-nominated Justices John G. Roberts and Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
. During her speech, Sotomayor also narrated her life story from her high school years while she lived in the projects, praising her mother: "She set the example, studying alongside my brother and me at our kitchen table so that she could become a registered nurse."
Day 2 (July 14)
On July 14, 2009, the first round of questioning began. Committee Chairman Patrick LeahyPatrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
(D-VT
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
) began the session, and largely focused on Sotomayor's judicial record. The nominee took the opportunity to explain her ideals, and described herself as impartial and deferential to precedent, noting "It's important to remember that, as a job, I don't make law." Leahy then concentrated on the "Tarzan burglar" case, which Sotomayor prosecuted as assistant district attorney in Manhattan during the early 1980s. Sotomayor tied a series of incidents together and persuaded the trial judge to let her try the burglar on a number of crimes in one case. Leahy also gave Sotomayor the opportunity to explain her ruling in the Ricci
Ricci
Ricci is an Italian surname, and can also be a shortened version of Riccardo, as a first name and may refer to:-Surname:* Christie Ricci, American wrestler* Christina Ricci, American actress* Fausto Ricci, Italian motorcycle racer...
case, which the Supreme Court overturned after a ruling by a panel of which she was a member. Sotomayor stated that the ruling was based on precedent, and that it would have come out differently in light of the standard subsequently established by the Supreme Court on appeal.
Ranking Republican Jeff Sessions
Jeff Sessions
Jefferson Beauregard "Jeff" Sessions III is the junior United States Senator from Alabama. First elected in 1996, Sessions is a member of the Republican Party...
(R-AL
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
) then began questioning, and notably referenced her "wise Latina" remark. Sotomayor stated that it was "meant to inspire" young people of Latino ancestry, and that she "was trying to play on Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
's words. My play fell flat. It was bad."
Sotomayor was then questioned by Senator Herb Kohl
Herb Kohl
Herbert H. "Herb" Kohl is the senior U.S. Senator from Wisconsin and a member of the Democratic Party. He is also a philanthropist and the owner of the Milwaukee Bucks National Basketball Association team...
(D-WI
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
), who questioned her stance on abortion. She responded by noting that "there is a right to privacy," and that Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
is "settled law." Kohl also inquired about her stance on the Bush v. Gore
Bush v. Gore
Bush v. Gore, , is the landmark United States Supreme Court decision on December 12, 2000, that effectively resolved the 2000 presidential election in favor of George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of Bush v...
case, which stopped the recount during the 2000 election.
In regards to her comments about her personal experiences and sympathies when interpreting the Constitution, Senator Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
(R-UT
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
) questioned her ability to rule on issues such as the second amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
. Sotomayor answered by stating that she has ruled in favor of the second amendment, and that she personally has friends who use guns for hunting.
Senator Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....
(D-CA
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
) next highlighted key experience points that she had assessed over her sixteen years on the committee. Feinstein then argued against claims that Sotomayor was an "activist judge", referencing the Ricci case, in stating that conservative members of the Supreme Court have been the real activists in "discarding judicial precedents in recent years."
Senator Chuck Grassley
Chuck Grassley
Charles Ernest "Chuck" Grassley is the senior United States Senator from Iowa . A member of Republican Party, he previously served in the served in the United States House of Representatives and the Iowa state legislature...
(R-IA
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
) again questioned his interpretation that her statements meant she was ruling by her feelings or experiences rather than by law, by stating that the "job (of Supreme Court Justice) is not to impose their own personal opinions of right and wrong." Sotomayor assured him that she did not. During one of Sotomayor's answers to Grassley, a protester notably erupted, shouting anti-abortion
Abortion in the United States
Abortion in the United States has been legal in every state since the United States Supreme Court decision in Roe v. Wade, on January 22, 1973...
statements that accused Sotomayor of being a "baby killer" and to "save the babies." Grassley then joked that "people always say I have the ability to turn people on," after the heckler had been taken out of the room and arrested by police.
Senator Russ Feingold
Russ Feingold
Russell Dana "Russ" Feingold is an American politician from the U.S. state of Wisconsin. He served as a Democratic party member of the U.S. Senate from 1993 to 2011. From 1983 to 1993, Feingold was a Wisconsin State Senator representing the 27th District.He is a recipient of the John F...
(D-WI) then questioned her on "post-9/11 policies," as well as her opinions on such cases as the Court's decisions in Rasul
Rasul v. Bush
Rasul v. Bush, 542 U.S. 466 , is a landmark United States Supreme Court decision establishing that the U.S. court system has the authority to decide whether foreign nationals held in Guantanamo Bay were wrongfully imprisoned...
, Hamdi
Hamdi v. Rumsfeld
Hamdi v. Rumsfeld, 542 U.S. 507 was a U.S. Supreme Court decision reversing the dismissal of a habeas corpus petition brought on behalf of Yaser Esam Hamdi, a U.S. citizen being detained indefinitely as an "illegal enemy combatant." The Court recognized the power of the government to detain enemy...
, Hamdan
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
and Boumediene
Boumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
. Sotomayor responded that “the events of that day [...] were sometimes used to justify policies that depart so far from what America stands for” and that "A judge should never rule from fear."
Senator Jon Kyl (R-AZ
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
) once again raised the point of judging based on personal feelings or experiences by noting President Barack Obama's comment that judges rulings may be influenced by what's in their hearts. Sotomayor responded by saying that "[she] wouldn't approach the issue of judging in the way the president does." It was the first time that Sotomayor publicly attempted to distance herself from the president. Kyl also again referenced her "wise Latina" quote, and she again stated that it was meant to inspire young Latino students. Sotomayor also made clear that "if you look at my history on the bench, you will know that I do not believe that any ethnic, gender or race group has an advantage in sound judging." Senator Leahy defended Sotomayor in the face of ridicule by Senator Kyl.
In asking if Sotomayor felt sympathy for victims in cases that she had ruled on—specifically a case involving a TWA airliner which exploded
TWA Flight 800
Trans World Airlines Flight 800 , a Boeing 747-131, exploded and crashed into the Atlantic Ocean near East Moriches, New York, on July 17, 1996, at about 20:31 EDT, 12 minutes after takeoff, killing all 230 persons on board. At the time, it was the second-deadliest U.S...
off the coast of New York, in which the families of the victims, many poor, attempted to sue the manufacturer to recover some of their losses—Senator Charles Schumer
Charles Schumer
Charles Ellis "Chuck" Schumer is the senior United States Senator from New York and a member of the Democratic Party. First elected in 1998, he defeated three-term Republican incumbent Al D'Amato by a margin of 55%–44%. He was easily re-elected in 2004 by a margin of 71%–24% and in 2010 by a...
(D-NY
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
) noted that "empathy is the opposite of indifference." In a later statement, Schumer said that "in [Sotomayor's] courtroom the rule of law always triumphs," with which Sotomayor agreed.
Sotomayor's Latina woman statement was once again quoted up by Senator Lindsey Graham
Lindsey Graham
Lindsey Olin Graham is the senior U.S. Senator from South Carolina and a member of the Republican Party. Previously he served as the U.S. Representative for .-Early life, education and career:...
(R-SC
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
). Graham opined that "if I had said anything like that, and my reasoning was that I was trying to inspire somebody, they would have had my head," and also "If Lindsey Graham said, I will make a better Senator than 'X' because of my experience as a caucasian male, makes me better able to represent the people of South Carolina, and my opponent was a minority ... It would make national news ... and it should." Graham claimed that he would not judge Sotomayor based on that one statement, while making it clear that "others could come nowhere close to that statement, and survive." Sotomayor agreed, but still represented that her words were taken out of context, specifically "in the context of the person's life." Graham later brought up statements that had been made by anonymous lawyers which described Sotomayor's temperament in a negative fashion. Despite the tone of Graham's points, he stated that he may still vote for her.
As the final questioner of the day, Senator Richard Durbin (D-IL
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
) asked Sotomayor about her opinions on Justice Blackmun's quote that he will cease to tinker with the death penalty, and on his regret concerning the disparity in crack/powder cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
sentencing for which Congress, and he, had voted. Sotomayor demurred from criticizing Congress and more or less passed on answering. Durbin followed up on his death penalty question emphasizing his concern about courts following up on assuring appeals plaintiffs about DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
evidence that may have come to light since their convictions, and he also brought up the case of Ledbetter v. Goodyear Tire & Rubber Co.
Ledbetter v. Goodyear Tire & Rubber Co.
Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 , is an employment discrimination decision of the Supreme Court of the United States. Justice Alito held for the five-justice majority that employers cannot be sued under Title VII of the Civil Rights Act over race or gender pay discrimination...
in stating that "the recent decision of Ledbetter v. Goodyear Tire and Rubber is a classic example of the Supreme Court putting activism over common sense," in reference to statements made by Republican critics who had labeled her as an activist judge.
After the conclusion of Senator Durbin's statements, the committee convened.
Day 3 (July 15)
On July 15, 2009, the second day of questioning began with Senator John CornynJohn Cornyn
John Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....
(R-TX
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
), who immediately went after her "wise Latina" remark once again, in trying to further clarify the difference between that statement, and the statement that Sotomayor has compared hers to, in which former Supreme Court Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
likened the decisions made by a "wise old woman" and a "wise old man." Cornyn also noted a 1996 quote made by Sotomayor, in which she stated that judges can "change law." Sotomayor went on to claim that the statement was taken out of context, and that she was explaining the process of law to the public, and that judges "can't change law. We are not lawmakers." Cornyn also asked if President Obama had asked Sotomayor's opinion on abortion rights. She responded that "[he] did not ask me about any specific legal questions [...] or any social issues." Cornyn ended asking for further explanation about her ruling in the Ricci case.
Senator Ben Cardin (D-MD
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
) sought to balance Senator Lindsey Graham's selected anonymous statements decrying about Sotomayor's temperament, by reading positive reviews from fellow lawyers and judges. Cardin also raised the Voting Rights Act
Voting Rights Act
The Voting Rights Act of 1965 is a landmark piece of national legislation in the United States that outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans in the U.S....
, and inquired Sotomayor's opinion on the right of the public to participate in voting. Sotomayor stated that voting is a fundamental right, and that the Congress has done a good job in regard to protecting the right to vote. Cardin recognized Sotomayor's achievements at Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
, and asked of her opinion of hearing different voices in public schools, as well as steps the federal government could take to further recognize diversity. Sotomayor cited the example of the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
, which promoted "as much diversity as possible." She also referenced the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
under the law. In closing his statement, Cardin finally asked about Sotomayor's opinion on privacy, in terms of technology, and how it should be interpreted under the Constitution, which was "written in the eighteenth century." Sotomayor made it clear that privacy is specifically protected under the Constitution.
In reacting to the outbursts by anti-abortion advocates, Senator Tom Coburn
Tom Coburn
Thomas Allen "Tom" Coburn, M.D. , is an American politician, medical doctor, and Southern Baptist deacon. A member of the Republican Party, he currently serves as the junior U.S. Senator from Oklahoma. In the Senate, he is known as "Dr. No" for his tendency to place holds on and vote against bills...
(R-OK
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
) asked numerous questions in regard to abortion under the law. Sotomayor answered by stating that she would need to look at the respective states' laws in the individual cases, and that she would not be able to answer the question without being informed about the details of the specific case. She also made it clear that "[judges] do not make policy" in terms of abortion, but only apply the law as it is specified. Coburn then went on to inquire about the Second Amendment, and referenced District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
, in asking if it was or was not the fundamental right of Americans to bear arms. Sotomayor agreed with Coburn that there is a fundamental and individual right to bear arms under the Second Amendment. Going further, Coburn then inquired about Sotomayor's personal opinion on the right to self-defense, which Sotomayor steadfastly refused to answer according to her own opinion, answering instead by stating that under New York law, facing certain imminent threat, "you can use force to repel that, and that would be legal." Coburn then asked if there was any right to use any foreign law in a judge's rulings in the United States. Sotomayor stated that "Foreign law cannot be used ... as a precedent" unless U.S. statute so directs.
Senator Sheldon Whitehouse
Sheldon Whitehouse
Sheldon Whitehouse is the junior U.S. Senator from Rhode Island, serving since 2007. He is a member of the Democratic Party...
(D-RI
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
) reassured Sotomayor that she was doing well in her hearing. Whitehouse then asked about Sotomayor's role in the Puerto Rican Legal Defense Fund
LatinoJustice PRLDEF
LatinoJustice PRLDEF, long known by its former name the Puerto Rican Legal Defense and Education Fund, is a New York-based national civil rights organization with the goal of changing discriminatory practices via advocacy and litigation...
, inquiring if there was a vetting process in deciding the board members. Sotomayor stated there was none. Whitehouse then went on to ask about the search and seizure, as well as the federal government's involvement in warrants, in terms of fighting "terrorist extremists." She stated that it was the judge's decision whether a warrant should or should not be issued, based on the evidence presented.
Senator Amy Klobuchar
Amy Klobuchar
Amy Jean Klobuchar is the senior United States Senator from Minnesota. She is a member of the Minnesota Democratic-Farmer-Labor Party, an affiliate of the Democratic Party...
(D-MN
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
) went back to previous statements made by Sotomayor, in terms of whether rulings should be based on personal feelings, or on law. Sotomayor reiterated her statements that she can only "apply the law", and not make it. Klobuchar then asked about a child pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
case, in which a warrant was not properly attained. Sotomayor described that she had sided with the panel, which had ruled that the search was unconstitutional, but the police officers had acted in "good faith." Further statements by Klobuchar were very supportive of Sotomayor, and noted her sentencings of white collar defendants.
Senator Ted Kaufman
Ted Kaufman
Edward E. "Ted" Kaufman is an American politician who served as a United States Senator from Delaware from 2009 to 2010. Since 2010, he has chaired the Congressional Oversight Panel in the United States federal government; he is the second person to hold that post, succeeding inaugural holder...
(D-DE
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
) asked about Sotomayor's tenure as a litigator of commercial law cases. Kaufman asked numerous questions about how her commercial practice incorporates itself into her current evaluations and rulings as a judge. Kaufman then referenced a case in which she ruled legal immunity for the New York Stock Exchange
New York Stock Exchange
The New York Stock Exchange is a stock exchange located at 11 Wall Street in Lower Manhattan, New York City, USA. It is by far the world's largest stock exchange by market capitalization of its listed companies at 13.39 trillion as of Dec 2010...
, despite Sotomayor's statement that their "behavior was egregious". Kaufman also asked questions on antitrust law, and about how economic theory related to judicial decisions.
After a brief recess, Senator Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
(D-PA
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
) first complimented Sotomayor on her handling of questions during the hearing. Specter then once again brought up the wise Latina comment, and likened them to similar statements from others currently on the Supreme Court. The terror surveillance program was then brought up, with Specter very critical of former President Bush's wiretapping of US citizens without warrants
NSA warrantless surveillance controversy
The NSA warrantless surveillance controversy concerns surveillance of persons within the United States during the collection of foreign intelligence by the U.S. National Security Agency as part of the war on terror...
. Sotomayor largely avoided getting immersed in the controversy. Specter then made a case for allowing television cameras into the courtroom. Sotomayor stated that she personally allowed television cameras into her courtroom, but conceded that it is up to the justices on the Supreme Court whether to allow it at that level.
The newest member of the committee, Senator Al Franken
Al Franken
Alan Stuart "Al" Franken is the junior United States Senator from Minnesota. He is a member of the Minnesota Democratic-Farmer-Labor Party, which affiliates with the national Democratic Party....
(D-MN) noted that the "hearings are a way for Americans to learn about the court, and the impact on their lives." He transitioned to free speech in regards to the internet, and noted the value of such tools as Twitter
Twitter
Twitter is an online social networking and microblogging service that enables its users to send and read text-based posts of up to 140 characters, informally known as "tweets".Twitter was created in March 2006 by Jack Dorsey and launched that July...
to convey the facts on the ground
Facts on the ground
Facts on the ground is a diplomatic term that means the situation in reality as opposed to in the abstract. It originated in discussions of the Israeli–Palestinian conflict, where it was used to refer to Israeli settlements built in the occupied West Bank, which were intended to establish permanent...
of the recent Iranian election protests
2009 Iranian election protests
Protests following the 2009 Iranian presidential election against the disputed victory of Iranian President Mahmoud Ahmadinejad and in support of opposition candidates Mir-Hossein Mousavi and Mehdi Karroubi occurred in major cities in Iran and around the world starting June 13, 2009...
. Franken asked about the role of Internet service providers regarding the issue of net neutrality, in speeding up the service provider's own content while slowing down other providers' content. Sotomayor stated that the "role of the court is to not make the policy, it is to wait until Congress acts." Franken further pressed by asking "Isn't there a compelling, overriding, first amendment right here, for Americans to have access to the internet?" Sotomayor stated that "rights are rights, and what the court looks at is how Congress balances those rights in a particular situation, and then judge whether that balance is within constitutional boundaries [...] and then we'll look at that and see if it's constitutional." Franken asked the definition of "judicial activism," which Sotomayor said was neither descriptive of her nor a term she uses, averring that she does not use labels. Franken notably then pulled out his pocket Constitution, referencing the Fifteenth Amendment to the United States Constitution
Fifteenth Amendment to the United States Constitution
The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude"...
in noting the recent decision to uphold the Voting Rights Act, which Sotomayor declined to speak on because the case was pending a future ruling by the Supreme Court. Franken asked if the words "birth control" and "privacy" were in the Constitution, in reference to previous Senators' statements on whether or not the word "abortion" was in the Constitution. Sotomayor answered that neither of those words are in the Constitution, after which Franken asked if the Constitution was "at all relevant" in regards to certain issues, which Sotomayor argued against. Franken finally asked if privacy issues were involved in abortion rights, and Sotomayor agreed.
The committee then convened to a closed session, to review a Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
background check, which is a part of the regular vetting process.
After reconvening, Senator Jeff Sessions began his second round of questioning by bringing up the Puerto Rican Legal Defense Fund, and asked if she had been involved in fundraising. Sotomayor stated that board members serve other functions than fundraising, including "employment, public health, education, and others." Senator Leahy then interjected, and followed up on his concerns over the Second Amendment. Senator Kohl then brought up arguments mentioned by Ted Kaufman in regards to antitrust laws, and Sotomayor responded by stating that she would, at the "court's precedent, [...] apply it" to the situation. Kohl then gave a statistic stating that the Supreme Court only hears "about one percent" of the cases that are brought before the court. Senator Orrin Hatch gave further arguments about the Doctrine of Incorporation
Incorporation (Bill of Rights)
The incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government...
, and further reviewed Sotomayor's statement of "fidelity to the law." Hatch also brought up the right to privacy, and the fact that Sotomayor had stated that the Constitution "cannot be bent," and that courts "can apply the words of the Constitution to the facts of the case before them." Hatch next brought up once again the issue of "empathy" in judicial ruling. Sotomayor once again responded that personal experience does not trump the law.
After a recess, Senator Feinstein drew a line of support for Sotomayor. Senator Grassley then brought up the issue of gay marriage, and whether the federal government or the states' governments should decide the issue. Sotomayor described the process, but not her own personal opinion on the matter or how she would approach the case. Grassley continued to press on Sotomayor's rulings in multiple cases, with Sotomayor explaining the process of judging involved in each specific case. Senator Cardin was the final Senator to question Sotomayor, and thanked Sotomayor for her service, and for appearing before the Judiciary Committee. Cardin asked about freedom of religion, and the Separation of church and state in the United States
Separation of church and state in the United States
The phrase "separation of church and state" , attributed to Thomas Jefferson and others, and since quoted by the Supreme Court of the United States, expresses an understanding of the intent and function of the Establishment Clause of the First Amendment to the Constitution of the United States...
, to which Sotomayor was supportive of the law involving freedom of religion, and restriction of the states to form their own religion. Recess was called after Senator Cardin finished questioning.
Day 4 (July 16)
On July 16, 2009, the second round of questioning continued with Senator Jon Kyl. Kyl immediately began asking about the Supreme Court's precedent in the Ricci v. DeStefano case. Sotomayor stated that the precedent involved "the city discriminating a certain race", despite stating that there was no precedent, while originally ruling on the case. Kyl then asked about her statements involving district and circuit courts, in following precedent. Sotomayor then stated that "when precedent is set [...] they have policy ramifications." Senator Dianne Feinstein then began to follow up on questions raised by Senator Kyl. Feinstein also referenced her wise Latina statement, in stating that Feinstein "would like to put it in the context of women. In asking if she felt she was an inspiration to women, Sotomayor then stated that "[her] career as a judge [...] does serve as an inspiration for others." Feinstein then noted that she thinks Sotomayor will be a great Supreme Court Justice.Senator Lindsey Graham then began his questioning, asking about whether or not the Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
was a fundamental right, which Sotomayor agreed. Graham then asked "What binds you, when it comes to a fundamental right?" Sotomayor responded by quickly saying, "The rule of law." Graham then asked about abortion rights, in regards to the Puerto Rican Legal Defense Fund. Sotomayor refused to answer the question. Next asked about the death penalty, and a statement she made in the 1980s in opposition to the death penalty. Graham then stated that her stance on the issues is "left of center." Graham then asked if Sotomayor regretted her wise Latina remark, to which Sotomayor stated that "it was not [her] intention to leave the impression, that people have gotten from [her] words" about the wise Latina comment.
Senator Amy Klobuchar, then began her questioning, and began by reading positive letters, casting Sotomayor in a positive light. Senator John Cornyn next questioned statements that she had made in speeches, and how they are "quite different" from what "[she] is saying before the committee." Sotomayor answered by stating to "look at [her] record." Next asking about gay marriage, and whether that would be making law, or interpreting the law, if the Supreme Court were to rule in favor of gay marriage, and Sotomayor largely attempted to avoid answering the question. Next asking about campaign contributions, and difference of a contribution and a bribe, and referenced President Barack Obama's large amounts of fundraising from private funds, Sotomayor agreed with the statements that Cornyn made about whether or not it was the right of individuals to contribute. Senator Arlen Specter began his questioning, and asked about the number of cases that the Supreme Court hears, to which Sotomayor responded that "it appears" the Supreme Court "has the capacity to hear more cases." Specter went on to raise specific court cases, as well as reference his previous questions about 9/11, to which Sotomayor responded in the same fashion as when she previously was asked the question. The committee recessed afterward.
After recess, Senator Tom Coburn began his questioning of Sotomayor, and began by again asking about precedent, and ruling by the law. Coburn then went on to reiterate his earlier questions about abortion, including whether or not Roe v. Wade overrode the state's positions on abortion, which Sotomayor stated that she did not know, before Coburn stated that it was. Senator Al Franken then began his questioning, and asked why Sotomayor wants to be a Supreme Court justice. Franken then stated that he would in fact be supporting Sotomayor, after she told a story from when she first began her career.
Senator Jeff Sessions next began a third round of questioning, to raise concerns that he had about some of Sotomayor's answers. Sessions then stated that he would not support a Republican filibuster. Third-round questioning continued with Senators Orrin Hatch, Chuck Grassley, Jon Kyl, Lindsey Graham, John Cornyn, Tom Coburn, and Patrick Leahy briefly raising their concerns, and getting short answers from Sotomayor.
Witness testimony
Witness testimony began with Kim Askew and Mary Boies, representing the Standing Committee of the American Bar AssociationAmerican Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
, who reviewed Sotomayor as "highly qualified".
The second series of testimonies involved the Ricci v. DeStefano case. Attorney General of Arkansas Dustin McDaniel
Dustin McDaniel
Dustin McDaniel is the current Attorney General of Arkansas. A member of the Democratic Party, he assumed office on January 9, 2007, succeeding Mike Beebe, who became Governor of Arkansas.- Background :...
, New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
Mayor Michael Bloomberg
Michael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
, New York County
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
District Attorney Robert M. Morgenthau
Robert M. Morgenthau
Robert Morris Morgenthau is an American lawyer. From 1975 until his retirement in 2009, he was the District Attorney for New York County, the borough of Manhattan.-Early life:...
, and Leader of the Conference of Civil Rights Professor Wade Henderson
Wade Henderson
Wade Henderson is president of the Leadership Conference on Civil and Human Rights, and counsel to the Leadership Conference Education Fund.The Leadership Conference is a civil and human rights coalition, charged by its diverse membership of more than 200 national organizations to promote and...
testified in support of Sotomayor. Peter Kirsanow
Peter Kirsanow
Peter N. Kirsanow is an attorney and a member of the U.S. Commission on Civil Rights. He was a member of the National Labor Relations Board from January, 2006 to January, 2008. Prior to his appointment, he was a partner with the Cleveland, Ohio law firm of Benesch, Friedlander, Coplan, and Aronoff...
of the U.S. Commission on Civil Rights and Lisa Chavez of the Center for Equal Opportunity
Center for Equal Opportunity
The Center For Equal Opportunity is a conservative think tank, which focuses on three specific areas of concern: affirmative action, immigration and bilingual education....
as well as firefighters Frank Ricci and Lieutenant Ben Vargas testified in opposition to Sotomayor's confirmation.
In the third series of testimonies, Louis Freeh
Louis Freeh
Louis Joseph Freeh was the 5th Director of the Federal Bureau of Investigation, serving from September 1993 to June 2001....
, former associate of Sotomayor and former FBI
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
Director, Chuck Canterbury of the Fraternal Order of Police
Fraternal Order of Police
The Fraternal Order of Police is an organization of sworn law enforcement officers in the United States. It claims a membership of over 325,000 members organized in 2100 local chapters , organized into local lodges, state lodges, and the national Grand Lodge...
, former MLB
Major League Baseball
Major League Baseball is the highest level of professional baseball in the United States and Canada, consisting of teams that play in the National League and the American League...
player David Cone
David Cone
David Brian Cone is a former Major League Baseball pitcher. During a 17-year baseball career, he pitched from 1986-2003 for six different teams. Cone pitched the sixteenth perfect game in baseball history. He also set the MLB record for most years between 20-win seasons. He was a member of five...
, Kate Stith
Kate Stith
Kate Stith is the Lafayette S. Foster Professor of Law and the former acting-Dean of Yale Law School. Her appointment was announced on March 23, 2009 by Yale University President Richard Levin, when former dean Harold Koh was nominated to serve as Legal Adviser of the Department of State...
of Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
all advocated Sotomayor's confirmation, and Charmaine Yoest of Americans United for Life
Americans United for Life
Americans United for Life is an American pro-life public interest law firm and advocacy group based in Washington, D.C. Founded in 1971, the group advocates protection of human life at all stages of life, from conception to death, and is involved in related issues of health and biotechnology...
,former National Rifle Association
National Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...
president Sandy Froman, David Kopel of the Independence Institute
Independence Institute
The Independence Institute is a conservative think tank based in Golden, Colorado. Founded in 1985, the Institute " expertise education, the environment, transportation, personal freedom, government reform, local government, and criminal justice."- Current Staff :As of June 2010, the Independence...
, and Ilya Somin of the George Mason University School of Law
George Mason University School of Law
George Mason University School of Law is the law school of George Mason University, a state university in Virginia, United States...
all advocated against Sotomayor's confirmation.
In the fourth series of testimonies, Congresswoman Nydia Velasquez of New York, President of the Hispanic National Bar Association
Hispanic National Bar Association
The Hispanic National Bar Association is a non-profit, non-partisan organization representing Hispanics in the legal profession, including attorneys, judges, law professors, legal assistant and paralegals, and law students in the United States and its territories.The current National President and...
Ramona Romero, and former Sotomayor associate Theodore Shaw of the Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
, all advocated Sotomayor's confirmation, and Tim Jeffries of P7 Enterprises opposed Sotomayor's confirmation. Neomi Rao of the George Mason University School of Law, John McGinnis
John McGinnis
John Oldham McGinnis is a professor at Northwestern University School of Law and author of over 90 academic and popular articles and essays. His popular writings have been published in The Wall Street Journal, National Review, and Policy Review....
of the Northwestern University School of Law
Northwestern University School of Law
The Northwestern University School of Law is a private American law school in Chicago, Illinois. The law school was founded in 1859 as the Union College of Law of the Old University of Chicago. The first law school established in Chicago, it became jointly controlled by Northwestern University in...
, and Nick Rosenkranz of the Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
also gave testimonies, but stated that they neither opposed, nor advocated Sotomayor's confirmation.
In the fifth series of testimonies, Congressman José Serrano of New York, Patricia Hynes of the New York Bar Association and JoAnne A. Epps of the National Association of Women Lawyers all advocated Sotomayor's confirmation, and Stephen Holbrook of the National Rifle Association
National Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...
opposed Sotomayor's confirmation, while David B. Rivkin
David B. Rivkin
David B. Rivkin Jr., is an American attorney, political writer and media commentator on matters of constitutional and international law, as well as foreign and defense policy...
of the law firm Baker & Hostetler stated that he neither opposed, nor advocated Sotomayor's confirmation.
The committee then convened, after hearing all the statements made by each witness.
Committee
On July 28, 2009, the Senate Judiciary CommitteeUnited States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
voted 13-6 in favor of Sotomayor, setting up a final confirmation vote by the Senate.
Full Senate
Senator Ted KennedyTed Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
of Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, a supporter of the nomination, was not present for voting due to health issues. A minimum of 51 votes, or a simple majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...
, was required for confirmation. The full Senate ended its debate on the confirmation on August 6, and, as expected, confirmed Sotomayor, on a vote of 68-31.
| State | Senator | Party | Confirmation vote of Sonia Sotomayor |
|---|---|---|---|
| Hawaii Hawaii Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of... |
D | Aye | |
| Tennessee Tennessee Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area... |
R | Aye | |
| Wyoming Wyoming Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High... |
R | No | |
| Montana Montana Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,... |
D | Aye | |
| Indiana Indiana Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is... |
D | Aye | |
| Alaska Alaska Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait... |
D | Aye | |
| Colorado Colorado Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains... |
D | Aye | |
| Utah Utah Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the... |
R | No | |
| New Mexico New Mexico New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S... |
D | Aye | |
| Missouri Missouri Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It... |
R | Aye | |
| California California California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area... |
D | Aye | |
| Ohio Ohio Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus... |
D | Aye | |
| Kansas Kansas Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south... |
R | No | |
| Kentucky Kentucky The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth... |
R | No | |
| North Carolina North Carolina North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte... |
R | No | |
| Illinois Illinois Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,... |
D | Aye | |
| West Virginia West Virginia West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east... |
D | Aye | |
| Washington | D | Aye | |
| Maryland Maryland Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east... |
D | Aye | |
| Delaware Delaware Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania... |
D | Aye | |
| Pennsylvania Pennsylvania The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to... |
D | Aye | |
| Georgia Georgia (U.S. state) Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788... |
R | No | |
| Oklahoma Oklahoma Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state... |
R | No | |
| Mississippi Mississippi Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi... |
R | No | |
| Maine Maine Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost... |
R | Aye | |
| North Dakota North Dakota North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S.... |
D | Aye | |
| Tennessee Tennessee Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area... |
R | No | |
| Texas Texas Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in... |
R | No | |
| Idaho Idaho Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state.... |
R | No | |
| South Carolina South Carolina South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence... |
R | No | |
| Connecticut Connecticut Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately... |
D | Aye | |
| North Dakota North Dakota North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S.... |
D | Aye | |
| Illinois Illinois Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,... |
D | Aye | |
| Nevada Nevada Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its... |
R | No | |
| Wyoming Wyoming Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High... |
R | No | |
| Wisconsin Wisconsin Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is... |
D | Aye | |
| California California California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area... |
D | Aye | |
| Minnesota Minnesota Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state... |
D | Aye | |
| New York New York New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east... |
D | Aye | |
| South Carolina South Carolina South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence... |
R | Aye | |
| Iowa Iowa Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New... |
R | No | |
| R | Aye | ||
| North Carolina North Carolina North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte... |
D | Aye | |
| Iowa Iowa Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New... |
D | Aye | |
| Utah Utah Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the... |
R | No | |
| Texas Texas Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in... |
R | No | |
| Oklahoma Oklahoma Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state... |
R | No | |
| Hawaii Hawaii Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of... |
D | Aye | |
| Georgia Georgia (U.S. state) Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788... |
R | No | |
| Nebraska Nebraska Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River.... |
R | No | |
| South Dakota South Dakota South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over... |
D | Aye | |
| Delaware Delaware Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania... |
D | Aye | |
| Massachusetts Massachusetts The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010... |
D | Did not vote | |
| Massachusetts Massachusetts The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010... |
D | Aye | |
| Minnesota Minnesota Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state... |
D | Aye | |
| Wisconsin Wisconsin Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is... |
D | Aye | |
| Arizona Arizona Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix... |
R | No | |
| Louisiana Louisiana Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties... |
D | Aye | |
| New Jersey New Jersey New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware... |
D | Aye | |
| Vermont Vermont Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England... |
D | Aye | |
| Michigan Michigan Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake".... |
D | Aye | |
| Connecticut Connecticut Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately... |
I | Aye | |
| Arkansas Arkansas Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River... |
D | Aye | |
| Indiana Indiana Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is... |
R | Aye | |
| Florida Florida Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it... |
R | Aye | |
| Arizona Arizona Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix... |
R | No | |
| Missouri Missouri Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It... |
D | Aye | |
| Kentucky Kentucky The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth... |
R | No | |
| New Jersey New Jersey New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware... |
D | Aye | |
| Oregon Oregon Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern... |
D | Aye | |
| Maryland Maryland Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east... |
D | Aye | |
| Alaska Alaska Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait... |
R | No | |
| Washington | D | Aye | |
| Nebraska Nebraska Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River.... |
D | Aye | |
| Florida Florida Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it... |
D | Aye | |
| Arkansas Arkansas Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River... |
D | Aye | |
| Rhode Island Rhode Island The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area... |
D | Aye | |
| Nevada Nevada Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its... |
D | Aye | |
| Idaho Idaho Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state.... |
R | No | |
| Kansas Kansas Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south... |
R | No | |
| West Virginia West Virginia West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east... |
D | Aye | |
| Vermont Vermont Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England... |
I | Aye | |
| New York New York New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east... |
D | Aye | |
| Alabama Alabama Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland... |
R | No | |
| New Hampshire New Hampshire New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian... |
D | Aye | |
| Alabama Alabama Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland... |
R | No | |
| Maine Maine Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost... |
R | Aye | |
| Pennsylvania Pennsylvania The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to... |
D | Aye | |
| Michigan Michigan Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake".... |
D | Aye | |
| Montana Montana Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,... |
D | Aye | |
| South Dakota South Dakota South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over... |
R | No | |
| Colorado Colorado Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains... |
D | Aye | |
| New Mexico New Mexico New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S... |
D | Aye | |
| Louisiana Louisiana Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties... |
R | No | |
| Ohio Ohio Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus... |
R | Aye | |
| Virginia Virginia The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there... |
D | Aye | |
| Virginia Virginia The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there... |
D | Aye | |
| Rhode Island Rhode Island The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area... |
D | Aye | |
| Mississippi Mississippi Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi... |
R | No | |
| Oregon Oregon Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern... |
D | Aye | |
Notes: All dates are in 2009. D = Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
; R = Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
; I = independent
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
Commissioning and swearing in
President Obama commissioned Sotomayor an Associate Justice of the Supreme Court the same day as her confirmation, August 6, 2009. Following her commissioning, Sotomayor was sworn in by Chief Justice of the Supreme Court John G. Roberts on August 8, 2009 in the Court's east conference room. Prior to the public swearing-in ceremony, she was also privately sworn in behind closed doors.On August 12, 2009, a ceremony was held at the White House. Both President Barack Obama and Sotomayor gave a speech in regards to her successful confirmation as Associate Justice; with Sotomayor stating that "No words can adequately express what I am feeling, [...] no speech can fully capture my joy in this moment."
Sotomayor was formally invested in the Court on September 8, 2009, in a special session.
Elected officials and political figures
Former President George H. W. BushGeorge H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
defended Sotomayor and blasted former Speaker of the House Newt Gingrich
Newt Gingrich
Newton Leroy "Newt" Gingrich is a U.S. Republican Party politician who served as the House Minority Whip from 1989 to 1995 and as the 58th Speaker of the U.S. House of Representatives from 1995 to 1999....
and conservative radio host Rush Limbaugh
Rush Limbaugh
Rush Hudson Limbaugh III is an American radio talk show host, conservative political commentator, and an opinion leader in American conservatism. He hosts The Rush Limbaugh Show which is aired throughout the U.S. on Premiere Radio Networks and is the highest-rated talk-radio program in the United...
for accusing her of being racist, calling it "not fair" and "not right". Bush also lauded Sotomayor for her "distinguished record on the bench" and stated that she was entitled to a fair hearing.
Former First Lady Laura Bush
Laura Bush
Laura Lane Welch Bush is the wife of the 43rd President of the United States, George W. Bush. She was the First Lady of the United States from January 20, 2001, to January 20, 2009. She has held a love of books and reading since childhood and her life and education have reflected that interest...
stated that Sotomayor was an "interesting pick" and believes that Sotomayor is a "good nominee". Bush also stated that she was "excited" at the prospect of having another woman on the Supreme Court.
New York Governor David Paterson
David Paterson
David Alexander Paterson is an American politician who served as the 55th Governor of New York, from 2008 to 2010. During his tenure he was the first governor of New York of African American heritage and also the second legally blind governor of any U.S. state after Bob C. Riley, who was Acting...
applauded President Obama for the decision by saying, “Throughout her impressive life and career, Judge Sonia Sotomayor has demonstrated the integrity, leadership and intellect that make her an outstanding nominee to our nation’s highest court. I congratulate President Obama for his selection of Judge Sotomayor, a native New Yorker whose legal mind will undoubtedly benefit our entire judicial system."
Former Massachusetts Governor Mitt Romney
Mitt Romney
Willard Mitt Romney is an American businessman and politician. He was the 70th Governor of Massachusetts from 2003 to 2007 and is a candidate for the 2012 Republican Party presidential nomination.The son of George W...
issued a statement saying, "The nomination of Judge Sonia Sotomayor to the Supreme Court is troubling. Her public statements make it clear she has an expansive view of the role of the judiciary.
Al Sharpton
Al Sharpton
Alfred Charles "Al" Sharpton, Jr. is an American Baptist minister, civil rights activist, and television/radio talk show host. In 2004, he was a candidate for the Democratic nomination for the U.S. presidential election...
called the nomination "prudent, groundbreaking and the right choice at this time in our nation's history as we face serious constitutional and legal questions that will impact the lives of Americans for decades to come."
Former Attorney General Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
said that the nomination "is a powerful message, a powerful message of hope and opportunity of hope through this appointment." With respect to Sotomayor, Gonzales said, "I have no questions in my mind about her qualifications in terms of education, experience. A president is not required to nominate the most qualified person to the court. I think he's obligated to nominate someone who is well qualified, and I think by any measure she is well qualified. I think there are legitimate questions about her judicial philosophy, and again, that will be something that will be examined in the confirmation process."
Former Attorney General Edwin Meese
Edwin Meese
Edwin "Ed" Meese, III is an attorney, law professor, and author who served in official capacities within the Ronald Reagan Gubernatorial Administration , the Reagan Presidential Transition Team , and the Reagan White House , eventually rising to hold the position of the 75th Attorney General of...
said "What we already know about Judge Sotomayor’s judicial philosophy from public statements and judicial opinions demands careful inquiry by the Senate. Senators must engage in robust advice and consent to assure that if confirmed, Judge Sotomayor would not use her seat on the Supreme Court to advance liberal policy preferences, rather than applying the Constitution as it is written."
Commentators and interest groups
- National Organization for WomenNational Organization for WomenThe National Organization for Women is the largest feminist organization in the United States. It was founded in 1966 and has a membership of 500,000 contributing members. The organization consists of 550 chapters in all 50 U.S...
President Kim GandyKim GandyKim Gandy is an American feminist and was the president of the National Organization for Women from 2001 until 2009. In 2009 Gandy was a Resident Fellow at the Institute of Politics at the Harvard University Kennedy School of Government...
said "President Obama said he wanted a justice with 'towering intellect' and a 'common touch' and he found both in Judge Sotomayor." - Cecile RichardsCecile RichardsCecile Richards a Democratic Party activist and the current president of the Planned Parenthood Federation of America.-Political involvement:...
, president of pro-choicePro-choiceSupport for the legalization of abortion is centered around the pro-choice movement, a sociopolitical movement supporting the ethical view that a woman should have the legal right to elective abortion, meaning the right to terminate her pregnancy....
group Planned ParenthoodPlanned ParenthoodPlanned Parenthood Federation of America , commonly shortened to Planned Parenthood, is the U.S. affiliate of the International Planned Parenthood Federation and one of its larger members. PPFA is a non-profit organization providing reproductive health and maternal and child health services. The...
, said "What our nation needs from our Supreme Court justices is a deep understanding of the law, an appreciation of the impact of the court’s decisions on everyday Americans, and a commitment to the protection of our individual liberties. Judge Sotomayor will bring this dedication and commitment with her to the bench." - Ilya Shapiro of the Cato InstituteCato InstituteThe Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
said, "Judge Sotomayor is not one of the leading lights of the federal judiciary and would not even have been on the shortlist if she were not Hispanic." - Pat RobertsonPat RobertsonMarion Gordon "Pat" Robertson is a media mogul, television evangelist, ex-Baptist minister and businessman who is politically aligned with the Christian Right in the United States....
, the founder of the Christian Coalition, said “The Republicans have got to take a stand on this one, If they don’t, they can kiss their chances of ever getting back into power away.” - Randall TerryRandall TerryRandall Almira Terry is an American pro-life activist and candidate for the Democratic Party's nomination for President in 2012. Terry founded the pro-life organization Operation Rescue. The group became particularly prominent beginning in 1987 for blockading the entrances to abortion clinics;...
, founder of the pro-lifePro-lifeOpposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
group Operation RescueOperation Save AmericaOperation Save America is an organization based in Dallas, Texas, that opposes human induced abortion and its legality. In 1994, Flip Benham became the director of the organization, then called Operation Rescue National. Benham replaced Keith Tucci, who had replaced Randall Terry...
, urged Republicans to block a Senate vote on Sotomayor saying, “Do GOP leaders have the courage and integrity to filibusterFilibusterA filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
an activist, pro-RoeRoe v. WadeRoe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
judge?” - Larry KlaymanLarry KlaymanLarry Elliot Klayman is an American attorney and activist. He is known as the founder and former Chairman of Judicial Watch, a public interest and non-profit law firm, which attained notoriety through the initiation of 18 civil lawsuits against the Clinton Administration, and later an unsuccessful...
, founder of the conservative groups Freedom WatchFreedom WatchFreedom Watch is a television show hosted by Judge Andrew Napolitano. It was created in February 2009 as an online show and originally webcast once a week. In September 2009, the show began webcasting 3 or 4 times a week...
and Judicial WatchJudicial WatchJudicial Watch is an organization that describes itself as "a conservative, non-partisan American educational foundation that promotes transparency, accountability and integrity in government, politics and the law." According to its mission statement, Judicial Watch "advocates high standards of...
, offered guarded praise: "While I would have liked to see a more conservative libertarian type on the high court, President Obama's selection of New York federal appeals court Judge Sonia Sotomayer was a very prudent and wise decision from a far left liberal like Obama. Having initially been appointed to the bench by President George H. W. Bush, soon to be justice Sotomayer has previously pledged to follow the Constitution, and not legislate from the bench, and her career as a federal court judge suggests, as a whole, that this is the way she will administer to the law." - Wendy E. LongWendy E. LongWendy Elizabeth Long is an American attorney who currently serves as counsel to the Judicial Confirmation Network. In this position, Long has taken a prominent role in print and media outlets before and during the Supreme Court nomination of Sonia Sotomayor opposing possible court nominees of the...
, counsel for the Judicial Confirmation Network says "Judge Sotomayor is a liberal judicial activist of the first order who thinks her own personal political agenda is more important than the law as written. She thinks that judges should dictate policy, and that one's sex, race, and ethnicity ought to affect the decisions one renders from the bench." - Tom TancredoTom TancredoThomas Gerard "Tom" Tancredo is an American politician from Colorado, who represented the state's sixth congressional district in the United States House of Representatives from 1999 to 2009, as a Republican...
, former ColoradoColoradoColorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
Republican member of the United States House of RepresentativesUnited States House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, appeared on CNNCNNCable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
to voice his opposition to the nomination. When Rick SanchezRick SanchezRicardo León "Rick" Sánchez de Reinaldo , known professionally as Rick Sanchez, is a Cuban-American journalist, author and former TV news anchor...
asked him if Sonia Sotomayor is a racist Tancredo replied “certainly her words would indicate that that is the truth”. - Free speech advocates have criticized Sotomayor for upholding a school's punishment of a student for criticizing her school's administrators on an off-campus blog on her own personal time.
External links
(Updated regularly.) (With appendix and attachments to the questionnaire.)- Sotomayor's Nomination Puts GOP Hispanics In A Bind by Sam Stein, The Huffington Post, May 26, 2009
- Supreme Court Pick Sotomayor Faces Nomination Politics by Richard Wolf, USA Today, May 27, 2009
- Sotomayor Opponents Stake Out Lines Of Attack by Liz Halloran, NPR, May 27, 2009
- Think Again: Sotomayor and SCOTUS, Captured on a Carousel of Time by Eric Alterman, Center for American Progress, June 11, 2009
- Judge Sonia Sotomayor: Analysis of Selected Opinions Congressional Research Service Report at Public Intelligence, June 19, 2009
- Leagle.com Judge Sotomayor case decisions Full text of Judge Sotomayor´s cases from Leagle.com
- Sotomayor's Rise - slideshow by The NationThe NationThe Nation is the oldest continuously published weekly magazine in the United States. The periodical, devoted to politics and culture, is self-described as "the flagship of the left." Founded on July 6, 1865, It is published by The Nation Company, L.P., at 33 Irving Place, New York City.The Nation...