Words of the day: Empathy, prejudice

Today's confirmation hearing was filled with buzz words that have swarmed around the nomination of Sonia Sotomayor.  The buzz winner? The word "empathy"  -- which President Barack Obama used to describe a quality he wanted in a justice -- was used 23 times, by both Democrats and Republicans.

As expected, there was plenty said about race, with words like "prejudice" and "bias" getting a lot of play. But there were some surprises -- Thurgood Marshall, the first black Supreme Court Justice, has 12 references, beating the term "wise Latina" with four.

Empathy: 23
Prejudice: 22
Bias: 19
Modest: 16
Umpire: 11
Marshall (as in Thurgood) 12
Wise Latina: 4
Mainstream:  4
Baseball: 3
Firefighter: 3

-Beth Davidz, AP reporter, Washington

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Sotomayor's fashion double-take

Mon Jul 13, 6:07 pm ET

If Sonia Sotomayor is confirmed to the Supreme Court, she'll be wearing black robes for the rest of her life. So her confirmation hearing may be a last chance to show her sense of style, and it was hard not to notice that she wore the same blue suit that she wore a month ago while meeting with senators.
 
A fashion faux pas? Not really. It's not in the job description of a judge to be a fashionista. But it does reveal that she is new to the political spotlight. Women politicians are well aware that their fashion sense is heavily scrutinized.
 
Unlike other high-powered women in Washington, Sotomayor's attention to fashion will only need to last as long as the hearings -- video crews and photographers aren't allowed in the high court chambers when the court is in session. And besides, there's nothing more classic than black ... robes.
 
Is this worth talking about? We were of two minds here in the newsroom. Some said just talking about her clothes was sexist. Others found it interesting that she hadn't paid much attention to her image. What do you think? Give us your feedback on Twitter @AP_Courtside.
 
-Beth Davidz, AP reporter, Washington

(AP Photo/Charles Dharapak)

(AP Video screengrab)

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Ripped from the wire: All smiles?

Mon Jul 13, 6:53 pm ET

Day One of the hearing is done, with Sonia Sotomayor's first public statements on her judicial philosophy since her nomination to the Supreme Court. It was all smiles and niceties, until it wasn't.

Still, in an analysis, the AP's Julie Hirschfeld Davis writes the Republicans had a lot of nice things to say about the Democratic nominee. Maybe that was part of their code, deciphered here by AP Washington Bureau Chief Ron Fournier.

The blunt language came from four protesters who disrupted the hearings to yell about abortion. One of them was the plaintiff in the most famous abortion ruling: The woman known as "Jane Roe," the plaintiff in Roe v. Wade and now an anti-abortion protester.

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They said it -- and said it, and said it

Mon Jul 13, 6:49 pm ET

The Supreme Court nominee sat still and attentive for hours while each senator had their say on her life, career and record. A quick look at what Judiciary Committee members and senators who introduced her said about Sonia Sotomayor:

"I would trust that all members of this committee here today will reject the efforts of partisans and outside pressure groups that sought to create a caricature of Judge Sotomayor while belittling her record and achievements, her intelligence. ... Let no one demean this extraordinary woman." -- Sen. Patrick Leahy, D-Vt., committee chairman.

"I will not vote for -- no senator should vote for -- an individual nominated by any president who believes it is acceptable for a judge to allow their own personal background, gender, prejudices or sympathies to sway their decision in favor of, or against, parties before the court."
-- Sen. Jeff Sessions, R-Ala., ranking member on the committee.

"One attack that I find particularly shocking is the suggestion that she will be biased against some litigants because of her racial and ethnic heritage." -- Sen. Russ Feingold, D-Wis.

"The Supreme Court is meant to be a legal institution, not a political one." -- Sen. Charles Grassley, R-Iowa.

"I do not believe that Supreme Court justices are merely umpires calling balls and strikes. Rather, I believe that they make the decisions of individuals who bring to the court their own experiences and philosophies." -- Sen. Dianne Feinstein, D-Calif.

"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." -- Sen. John Cornyn, R-Texas.

"A nominee's experience as a legal advocate for civil rights certainly must not be seen as a disqualifying criterion for confirmation, but instead the hallmark of an individual's commitment to our founding principles of equality, justice and freedom." -- Sen. Kirsten Gillibrand, D-N.Y., as she introduced Sotomayor.

-Natasha Metzler, AP reporter, Washington

(This version CORRECTS that Gillibrand is not a member of the Judiciary Committee.)

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Top 5 moments from opening day

Mon Jul 13, 6:46 pm ET

Here are our Top Five stick-in-your-brain things, in no particular order, about the opening day of the Sotomayor confirmation hearings:

5. This quote from Sen. Lindsey Graham, R-S.C.: "Unless you have a complete meltdown, you're going to get confirmed." He added: "And I don't think you will" have a meltdown. Candid admission for a senator, and a Republican one no less.

4. An early recess. Chairman Patrick Leahy called it a day at 3 p.m. EDT, much earlier than anyone expected for the hearing's opening session -- especially for notoriously long-winded senators. Senators all gave their opening statements, and so did Sotomayor in seemingly record time.

3. Sotomayor's facial expressions. The world hasn't seen much of her before. Larry Neumeister, AP federal court reporter who has covered Sotomayor for 17 years, says the judge was wearing the face she wears when she listens intently. "Her expressions today reflected her confidence in herself," he says.

2. Al Franken. All eyes were on the new Democratic senator from Minnesota. It was his Senate debut, but the former Saturday Night Live comedian mostly kept his humor in check. In fact, he seemed borderline boring.

1. Abortion protesters. They interrupted the proceedings three times by shouting and were escorted out of the room by security. Among those arrested: The plaintiff in Roe v. Wade. Better known as "Jane Roe," she's 61-year-old Norma McCorvey of Texas.

-Liz Sidoti, AP reporter, politics

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Not political? Guess again

Mon Jul 13, 6:34 pm ET

Sen. Jeff Sessions, R-Ala., said at one point today that "politics has no place in the courtroom." But Sessions must not be watching the Supreme Court very closely.

At the high court, many cases on the most controversial social and political issues, including the historic Bush v. Gore decision that helped settle the 2000 election, are decided by 5-4 votes. The only thing that changes from case to case is whether Justice Anthony Kennedy lines up with the liberals or the conservatives.

Call it what you will, judicial philosophy, ideology or whatever. It sometimes looks like politics.

-Mark Sherman, AP reporter, Supreme Court

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From the newspapers: Empathy was the word of the day

Mon Jul 13, 6:27 pm ET

The Los Angeles Times says the word of the day was empathy.

San Antonio Express-News columnist Elaine Ayala writes about Latina lawyers talking about Sotomayor.

The Dallas Morning News columnist William McKenzie say the winner of Day One was Al Franken.

Washington Post columnist Eva Rodriguez praises Lindsey Graham for his honesty.

The New York Daily News editorializes that the Bronx native should be confirmed.

The Houston Chronicle blogs about Sotomayor’s nephews falling asleep during the hearing.

The Chicago Tribune deconstructs Sotomayor’s opening statement.

Speak Spanish? Here's a link to today's Sotomayor coverage from El Nuevo Dia, the largest publication in Puerto Rico.

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They said it -- and said it, and said it

Mon Jul 13, 6:13 pm ET

The Supreme Court nominee sat still and attentive for hours while each senator had their say on her life, career and record. A quick look at the earful Judiciary Committee members gave Sonia Sotomayor:

"I would trust that all members of this committee here today will reject the efforts of partisans and outside pressure groups that sought to create a caricature of Judge Sotomayor while belittling her record and achievements, her intelligence. ... Let no one demean this extraordinary woman." -- Sen. Patrick Leahy, D-Vt., committee chairman.

"I will not vote for -- no senator should vote for -- an individual nominated by any president who believes it is acceptable for a judge to allow their own personal background, gender, prejudices or sympathies to sway their decision in favor of, or against, parties before the court." -- Sen. Jeff Sessions, R-Ala., ranking member on the committee.

"One attack that I find particularly shocking is the suggestion that she will be biased against some litigants because of her racial and ethnic heritage." -- Sen. Russ Feingold, D-Wis.

"The Supreme Court is meant to be a legal institution, not a political one." -- Sen. Charles Grassley, R-Iowa.

"I do not believe that Supreme Court justices are merely umpires calling balls and strikes. Rather, I believe that they make the decisions of individuals who bring to the court their own experiences and philosophies." -- Sen. Dianne Feinstein, D-Calif.

"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." -- Sen. John Cornyn, R-Texas.

"A nominee's experience as a legal advocate for civil rights certainly must not be seen as a disqualifying criterion for confirmation, but instead the hallmark of an individual's commitment to our founding principles of equality, justice and freedom." -- Sen. Kirsten Gillibrand, D-N.Y.

-Natasha Metzler, AP reporter, Washington

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Grin and grimace: The faces of Sotomayor

Mon Jul 13, 6:02 pm ET

Sotomayor has always been a good listener in court -- and she clearly was listening through the day today. Her lips closed, she looked intently at each senator speaking, no matter how much he criticized her. She is unlikely to be shy about responding to the tough questions she'll face over the next few days. Her expressions today reflected her confidence in herself, something that has been on display throughout her 17-year career as a judge.

Interestingly, she seemed to become more relaxed as the day went on. She looked relatively pale and pensive as the day began but was smiling broadly and hugging and kissing family members, including her mother, by the time the morning break ended. And by the time she spoke, she smiled broadly as she mentioned her famous baseball ruling in 1995.

One other moment that stood out: After the first protester was taken out of the room, she looked at her mother and brother reassuringly.

-Larry Neumeister, AP federal court reporter who has covered Sotomayor for 17 years

(AP Photo/Pablo Martinez Monsivais)

(AP Photo/Ron Edmonds)

(AP Photo/J. Scott Applewhite)

(AP Photo/Ron Edmonds)

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Highlights from Monday's FastChat on @AP_Courtside with @ron_fournier

Mon Jul 13, 5:46 pm ET

AP's Washington Bureau Chief Ron Fournier hosted the daily FastChat on our @AP_Courtside Twitter account to discuss the opening day of Judge Sonia Sotomayor's confirmation hearing. Ron will be back tomorrow and every day during the hearing at 3 p.m. EDT, under the hashtag #rftalk.

Some highlights from today's FastChat:

Conversation between @AP_Courtside and @endmoronism

@endmoronism: Yawn Yawn Yawn, when do the fireworks start? I guess we wait for a "meltdown"! #rftalk

@AP_Courtside: Well, Lindsey says there won't be a meltdown from #Sotomayor. What do you think the chances are Republicans get one? #rftalks

@endmoronism: Most interesting thing today, the anti-abortion protesters being kicked-out of the room. Will they return? #rftalk

@AP_Courtside: Conflict fuels D.C. Supreme Court writer Mark Sherman's post about #Sotomayor's abortion record: http://bit.ly/118XAo #rftalks


Conversation between @AP_Courtside and @karmakimmie

@AP_Courtside: It's done! Leahy says #Sotomayor will take questions tomorrow. Easy day for her, eh? #rftalks

@karmakimmie: easier than tomorrow! although, keeping that smile on her face most of the day had to have been difficult! #Sotomayor #rftalks

@AP_Courtside: Good point. What do you think #Sotomayor wishes she could say or do? #rftalks

@karmakimmie: I think she'd like to respond with fervor tomorrow, but will be keeping it cool...walk the center line. #Sotomayor #rftalks

@AP_Courtside: Cool fervor, eh? That is a tough line for #Sotomayor to walk. Not much room between mild and meltdown. #rftalks


Conversation between @AP_Courtside () and @chef4cook

@chef4cook: She wants us to believe she is just like one of us.

@AP_Courtside: Brilliant! I agree 100 percent. It's a tried-and-true tactic by nominees -- GOP and Dems. Do you think she is like you? #rftalks

@chef4cook: No, I don't.

@AP_Courtside: You don't think #Sotomayor is like you? How so? She had a humble beginning it sounds like. #rftalks

@@chef4cook: 80% of Sotomayor rulings have been overturned or reversed. Then,she is not like us. If she uses life experience to guide her!

-Lauren McCullough, AP social networks and special projects producer

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Straight from the video feed …

Mon Jul 13, 5:38 pm ET

You’ve been reading AP's Twitter posts and blog from our team of reporters covering the Sotomayor hearing. But our video cameras are there, too. All this week, our team of video journalists is tasked with giving you an inside look into the hearing.

Who are the key names emerging? Check out our features on the judicial hearing superstars. Want to know the important news from the hearing, but don't have time for gavel-to-gavel coverage? We have you covered. From insider commentators, to must-know facts, to hearing highlights, let our blog video be your guide.

And what do YOU want to see on video? Holler at us on Twitter at @AP_Courtside and we’ll try to oblige.

Check out the videos here.

-Alicia Quarles, AP Editor, Entertainment Television

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Supreme Courts around the world, Part 2

Mon Jul 13, 5:25 pm ET

RUSSIA: The Supreme Court is the highest appellate court for criminal, civil and administrative cases and is run by a "presidium" of 7-13 judges. The 19-member Constitutional Court rules on the constitutionality of laws, government orders, treaties and other documents. The judges on both are nominated by the president and confirmed by the upper parliament house -- dominated by pro-government forces. Parliament recently enabled the president to choose the Constitutional Court chairman from among the court's judges -- and critics say courts in Russia generally have too little independence.

GERMANY: The Federal Constitution Court is the final arbiter of all constitutional issues, which can include outlawing national political parties or striking down laws. The 16 members of the court are appointed by lawmakers for 12-year terms. Earlier this month, the Constitutional Court rejected an attempt by John Demjanjuk to challenge his recent extradition from the United States on charges of being accessory to murder at a Nazi death camp.

-Compiled by Dan Perry, AP's Europe-Africa editor, from London with contributions from AP reporters around the world

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Security? Nah, just Senate aides

Mon Jul 13, 4:49 pm ET

Senate aides are positioned all over the hearing room wearing funky little earpieces, like those used by security and organizers at rock concerts and major events to keep track of the audience and communicate.

Presumably, the Senate aides take orders from some central authority.

We're not sure what this is all about but we're checking on it.

-Julie Hirschfeld Davis, AP reporter, Congress

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The famous firefighter: Conflict is coming

Mon Jul 13, 4:21 pm ET

There's a battle brewing that will probably last all week. It's over one person set to speak against Sonia Sotomayor.

Frank Ricci is a white New Haven, Conn., firefighter, who is one of the GOP's showcase witnesses on Thursday. His reverse-discrimination suit against the city of New Haven was rejected by a three-judge appeals court panel that included Sotomayor.

Liberal groups and bloggers are noting that Ricci, who has dyslexia, got his firefighting job in New Haven "by claiming discrimination under the Americans with Disabilities Act, which protects Americans from discrimination over disabilities."

Marge Baker, People for the American Way's vice president, says: "I don't think Mr. Ricci thought that his being hired was a case of reverse discrimination against those who weren't disabled ... You can't have it both ways; these laws can't be good when you use them to protect yourself and bad when they're used to protect someone else."

Republicans and conservatives are calling this a smear campaign. GOP Sen. Orrin Hatch of Utah said: "it is beneath both contempt and the dignity that this process demands." Conservative bloggers and at least one conservative group, the Judicial Confirmation Network, are trying to rally conservatives behind Ricci.

"Sotomayor's liberal interest group supporters have launched an attack campaign to intimidate and smear him," the group said in an e-mail to its supporters. "They have chosen the wrong target. People who run into burning buildings to save others do not frighten easily."

Of course, Republicans referred to Ricci several times during their opening statements, using his case as an example of what they called Sotomayor's tendency to favor one race over another. Said Sen. Jeff Sessions of Alabama, the top Republican on the Senate Judiciary Committee: "It seems to me that in Ricci, Judge Sotomayor's empathy for one group of firefighters turned out to be prejudice against another."

-Jesse J. Holland, AP reporter, Supreme Court

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Done for Day One (Sotomayor, not us)

Mon Jul 13, 4:12 pm ET

The Senate Judiciary Committee recessed until Tuesday -- around 3 p.m. EDT and just five hours after the Chairman Patrick Leahy banged the gavel to open the hearing. That's remarkable for the Senate, which is known for being less than brief.

Leahy said he'd make sure that committee members abided by their opening statement time limits, and he held true to his word. He even cut off New York Sen. Kirsten Gillibrand as she was introducing Sotomayor.

What about the first day of confirmation hearings for John Roberts and Samuel Alito? "They went a lot longer than this," says AP Supreme Court reporter Jesse J. Holland, who was there.

Though the midafternoon recess was a bit of a surprise, it also made a bit of sense. It doesn't make much sense to start questions in the middle of the afternoon, only to break after an hour or so.

Questions will start Tuesday morning when the committee reconvenes.

-Beth Davidz, AP reporter, Washington

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The nominee, boiled down to the basics

Mon Jul 13, 4:09 pm ET

You saw her on TV, facing her questioners. You saw her family. You heard her introduce herself. Here’s a handy guide to the possible next associate justice of the Supreme Court.

NAME: Sonia Sotomayor.

AGE-BIRTHDATE-LOCATION: 55; June 25, 1954; New York, N.Y.

EXPERIENCE: Judge, U.S. Court of Appeals for the Second Circuit, 1998-present; judge, U.S. District Court, Southern District of New York, 1992-98; private practice, New York City, 1984-92; assistant district attorney, New York County, 1979-84.

EDUCATION: B.A., Princeton University, 1976; J.D., Yale Law School, 1979.

FAMILY: Divorced; no children.

QUOTE: "I don't believe we should bend the Constitution under any circumstance. It says what it says. We should do honor to it."

-Liz Sidoti, AP reporter, politics

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Is the White House watching?

Mon Jul 13, 4:04 pm ET

White House press secretary Robert Gibbs says he wasn't aware of President Barack Obama watching any part of today's hearing for the woman he nominated to the Supreme Court.

Asked for an assessment, Gibbs would say only this: "I think much of what we've said in the past and that is that Judge Sotomayor is a judge who has had extensive experience following the rule of law." The presidential spokesman also noted that she has support from Democrats, Republicans and outside observers like the American Bar Association.

Pressed to react to how Republicans are portraying her, Gibbs said: "They're going to do their duty in these hearings. We believe they'll be fair and that people will have the ability to see the very same things, if they look at the record that the president saw in Judge Sotomayor, somebody who has a background as a prosecutor and as a judge, somebody who has been praised by Democrats and Republicans, that follows the law when making judgments."

So what was on the president's schedule instead? Naming Dr. Regina Benjamin as his choice for surgeon general, meeting wtih labor leaders and welcoming Major League Soccer Champions the Columbus Crew to the White House -- among other things. Later in the day he had a meeting with Jewish leaders, an appearance at an urban policy roundtable and a meeting with top Democrats on health care.

-Darlene Superville, AP reporter, White House

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Serious hearing separates Franken, comedy

Mon Jul 13, 4:00 pm ET

So was he funny? No. Former comedian Al Franken, the newest member of the Senate, gave an opening statement that was as serious as those of his colleagues. And he was even interrupted by a protester. No indication that the man was a plant from “Saturday Night Live.”

The humor came from Sen. Arlen Specter, who switched from the Republican to the Democratic Party. He said: "You're replacing Justice Souter, who said that if TV cameras were to come to the court, they'd have to roll over his dead body. If you're confirmed, they won't have to roll over his dead body."

Franken, a Minnesota Democrat, was sworn in only five days ago. But there can be no doubt that he has a new career. It wasn't just that he told no jokes during his opening statement. He actually came across a bit boring, helped in part by his familiar monotone voice.

He noted that he was not a lawyer. He might yet need to define exactly what he'll be in the Senate.

-Larry Margasak, AP reporter, Congress, and Larry Neumeister, AP federal court reporter, New York

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