GOP takes tough line with Sotomayor

Some Republicans say they will take a tougher-than-expected approach at the Supreme Court confirmation hearings of Judge Sonia Sotomayor, with one Republican senator accusing her of a drive to "limit" and "invent" rights."

Sen. John Cornyn (R-Texas) says in his prepared opening statement, provided to POLITICO:

"Judge Sotomayor: Some of your opinions suggest that you would limit some of our basic constitutional rights — and some of your public statements suggest that you would invent rights that do not exist in our written Constitution."

Democrats, on the other hand, are intent on portraying her as devoted tot he rule of law. Sen. Chuck Schumer (D-N.Y. ) says in his opener: "Judge Sotomayor's record bespeaks judicial modesty —something that our friends on the right have been clamoring for — in a way that no recent nominee’s has."

Other excepts from Cornyn's opener:

—"In more than 200 years, we have had only 110 justices. That means each and every Supreme Court nomination is an historic moment for our nation. Each Supreme Court nomination is a time for a national conversation about the Supreme Court and its role. We have to ask ourselves: What is the proper direction of the Supreme Court."

— "We recognize that lower court judges are supposed to be bound by Supreme Court and circuit precedent. To borrow a football analogy, a lower court judge is like the quarterback who executes the plays — not the coach who calls the plays. That means many of your cases don’t tell us much about your judicial philosophy. But a few of your opinions do raise questions – because they suggest the kinds of plays you’d call if you were promoted to the coaching staff."

—"Judge Sotomayor: we thank you for your candor in these speeches. Not every judicial nominee is so open about their judicial philosophy. Yet many Americans wonder what these various statements mean – and what you’re trying to get at with these remarks. And many more wonder whether you are the kind of judge who will uphold the written Constitution —or the kind of judge who will veer us even further off course — and towards new rights invented by judges rather than ratified by the people."

Other excerpts from Schumer's opener:

"Just short of four years ago, then-Judge Roberts sat where Judge Sotomayor is sitting. He told us that his jurisprudence would be characterized by 'modesty and humility.' He illustrated this with a now well-known quote: ‘Judges are like umpires. Umpires don’t make the rules. They apply them.’ Chief Justice Roberts was, and is, a supremely intelligent man with impeccable credentials. But many will debate whether, in the four years since, he actually has called balls and strikes — or has rather tried to change the rules.

“Any objective review of Judge Sotomayor's record leaves no doubt that she has, for 17 years, called balls and strikes more closely than Chief Justice Roberts has during his four years on the Supreme Court. Two years ago — in his second full term — the Roberts Court overturned at least four major precedents by a divided 5-4 majority. This prompted Justice Breyer to say on the final day of the term: ‘It is not often in the law that so few have so quickly changed so much.’ And this term has shaped up no differently. Thanks to five conservative members of the Court, it is now much harder for older, working Americans to bring age discrimination suits and for indigent criminal defendants to take full advantage of the right to counsel –- contrary to established precedent. Judge Sotomayor, I do not think that this record bespeaks modesty. But I think yours does.”