11 seconds ago 2009-11-10T02:57:04-08:00
Lies show she knows the truth. "Sonia Sotomayor's lies are particularly amusing because she has a lengthy and public history of indiscreetly and happily blathering about her activist viewpoints to anybody that would listen." RedState
Sessions wasn't so hard on Alito. "Sessions, of course, voted to confirm Samuel Alito, who made almost exactly the same point about heritage that Sotomayor did." Who runs Gov.
SCOTUS hearings are all the same. "Of course judges accept new theories. All of them do. Pretending they don't is a feature of American life limited to the twenty hours a year the Senate Judiciary Committee investigates the legal mind of the next Supreme Court justices." The Atlantic.
The great gesturer. "Substituting speeches for questions is a sure fire way to (a) let the witness off the hook and (b) make the witness appear more sympathetic than the Senator." Power Line.
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Follow up: the abortion briefs
Wed Jul 15, 9:00 am ET
On Tuesday, we got the following fact-check request to @AP_Courtside from @RNCSCOTUS: Where's @AP_Courtside fact check? #Sotomayor claims never reviewed PRLDEF briefs but AP said she headed litigation cmte http://is.gd/1yQaD
So, AP reporter Matt Apuzzo checked on whether Sotomayor knew about the abortion briefs, and we posted it here yesterday. Later, for the wire, he held Graham to account, too. Check it out here.
Any other claims we need to fact check? @reply your suggestions to @AP_Courtside on Twitter.
-Liz Sidoti, AP reporter, politics
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New Yorkers are proud of their hometown girl
Wed Jul 15, 8:48 am ET
New York Daily News columnist Juan Gonzalez praises Sotomayor for staying cool.
Daily News columnist Michael Goodwin writes that Sotomayor has disarmed critics.
Daily News reporters watched the hearings with three youngsters who live in the same Bronx housing project where Sotomayor grew up.
Read AP's story from Sotomayor's old Bronx neighborhood.
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Parsing politicians -- and Sotomayor
Wed Jul 15, 8:39 am ET
Founding Fathers specifically assigned Congress the power of the purse. But lawmakers are pretty good at recognizing the power of the parse, too.
Congressmen often accuse witnesses of engaging in word games. And during an attempt, led by Republicans, to impeach President Bill Clinton in the late 1990s, there were repeated references to Clinton's parsing of words about his dalliance with Monica Lewinsky, particularly when he said at one point a determination of what really happened could depend on what the meaning of "is" is.
Supreme Court nominee Sonia Sotomayor is on the receiving end of congressional interrogation now, and it's where she should be. So said the Founders, who invested the Senate with the power of advice-and-consent. Some senators have suggested a Sotomayor proclivity for parsing words, as in the exchange she had with Sen. Lindsey Graham over her role in the Puerto Rican Education and Legal Defense Fund.
Parsing words? Maybe so, as it could be said of her citation of "settled precedent" when asked about a Supreme Court decision reaffirming contraceptive privacy rights for women.
Truth is, Sotomayor isn't the first -- nor will she be the last -- Supreme Court candidate to dodge, sidestep, deflect, parry, punt and otherwise successfully avert the kinds of tough answers senators push for as they try to divine what kind of would-be justice was before them for confirmation.
The cover for the lawyerly parsing, of course, always is the statement a candidate makes about how he or she cannot say how they would vote on an issue that might come before them. But the truth is, the No. 1 piece of advice they get from their handlers is to not say anything that could derail their prospects. Graham, the South Carolina Republican, gave this away Monday when he bluntly told Sotomayor she was in unless she had a meltdown.
-Merrill Hartson, AP editor, Washington
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Yawns, Obama's standard and Sonia sequels
Wed Jul 15, 8:25 am ET
Five things to watch for in today's hearing:
5. YAWNS: Are the hearings starting to bore you a bit? Well, be happy you're not a senator. They'll sit in the hearing room all day. They'll hear all-too-familiar arguments and rebuttals. They know it really doesn't matter in the end; Sonia Sotomayor is headed toward confirmation. And there's a bunch of TV cameras waiting to capture them nodding off.
4. SEQUELS: We're at that point of the hearing where we start hearing the same things over and over again. Sotomayor sequels. Been there, done that. For example, how many more time do you think we'll hear a reference to wise Latinas? Fidelity to the law? New Haven firefighters? On with the show, please.
3. THE END: OK, it's been fun. But it's time to start looking for the light at the end of the tunnel. The hearings are expected to end Thursday, maybe Friday. Sooner the better.
2. BOLTING REPUBLICANS: We're still waiting for a few Republicans to break ranks in Sotomayor's favor. Sen. Lindsey Graham of South Carolina said yesterday he liked her and may just vote for her. Also watch for plumes of smoke from the offices of Sen. Mel Martinez of Florida and two GOP moderates from Maine: Susan Collins and Olympia Snowe.
1. OBAMA'S STANDARD: In 2005, then-Sen. Barack Obama said he was "sorely tempted" to vote to confirm John Roberts as chief justice, calling George W. Bush's nominee intellectually and temperamentally qualified for the high court. But he voted against Roberts. And in doing so, Obama said he took into account Roberts' values and empathy. In other words, Obama created an ideological test that Roberts failed. He also created cover for Republicans passing judgment on Sotomayor. As Ruth Marcus wrote in her Washington Post column today: "Judging from the tone so far, the most likely outcome is a near party-line vote. In that case, the president won't have only himself to blame -- but he will have himself to blame in part."
-Ron Fournier, AP Washington bureau chief
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In case you were wondering ...
Wed Jul 15, 8:09 am ET
Sonia Sotomayor has held a spot on the 2nd U.S. Circuit Court of Appeals since Oct. 7, 1998. Her decisions from that bench are coming up frequently in the hearing as members of the Senate Judiciary Committee review her writings and record. Here are five tidbits about the court:
1. Congress established the 2nd Circuit in 1891.
2. Sixty-six judges have served the court, including Thurgood Marshall. He's the first black justice on the Supreme Court.
3. The 2nd Circuit is housed at the Daniel Patrick Moynihan U.S. Courthouse in New York City.
4. The court hears appeals from the lower courts in three states: Connecticut, New York and Vermont.
5. Most appeals rulings are made by a three-judge panel.
-Ann Sanner, AP reporter, Washington
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Ignoring the elephant in the hearing room in Washington
Wed Jul 15, 8:02 am ET
The New Haven Register reports this morning that the city's Civil Service Commission approved a list of police promotions, despite concerns that all Hispanic officers failed the test.
Unlike the firefighters case that has put the city in the spotlight during the Sotomayor confirmation hearings, this time the commission voted to approve the list. In the firefighters exam five years ago, it was black candidates who scored poorly. The city, which expressed concern that the results could lead to a civil rights lawsuit, convened public hearings and lobbied the Civil Service Commission to abandon the results.
Read the full story.
-Michael Giarrusso, AP editor
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Tues Jul 14, 10:40 pm ET
Day 3 of the Sonia Sotomayor hearings will consist of the senators continuing to question Judge Sotomayor in public --- and something you won't see. It's the closed portion of the confirmation hearing.
This happens with every Supreme Court nominee. The members of the Senate Judiciary Committee kick the public out of the room and review the nominee's secret FBI background check. Everyone who wants to be on the Supreme Court has to suffer through the FBI questioning their friends and family, going through their job history, and trying to find out if there's anything about the person that the Senate needs to know.
Anything the FBI finds out is considered to be private, so the Judiciary Committee will review that information with the nominee in private. For example, you can bet the FBI asked Sotomayor's doctor about the condition of her diabetes, but that's not something anyone wants to talk about in public.
There usually aren't any bombshells in that information. If the FBI found something, you can bet that President Barack Obama knew about it before he nominated Sotomayor, and that it wasn't serious enough for him to pass over the judge for the position.
-Jesse J. Holland, AP reporter, Supreme Court
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Quiz: You might be a wonk if ...
Tues Jul 14, 10:40 pm ET
Are you a legal wonk? If you're reading this, we're guessing you might be -- and hey, no offense, we're the ones writing it. Take this quiz to see how you score:
1) When you hear "wonk" you think...
If you answered Wonkette, your friends or yourself add 10 points for each.
2) Do you correct your friends on the pronunciation of Sotomayor?
Yes? Add 10 points.
3) When you hear Estrada do you think Miguel and not Erik?
Add 10 points to your score if you chose Miguel, the President George W. Bush appellate court nominee whose confirmation was filibustered by Democrats, and not the guy who played Ponch on "CHiPs".
4) When you hear Ricci do you think Frank and not Christina?
If you chose the New Haven, Conn., firefighter Frank and not the starlet Christina, add five points.
5) Is your favorite lawyer anyone other than Perry Mason, Matlock or Tom Cruise in a "Few Good Men"?
If so, add five points.
6) Have you watched more than one Supreme Court hearing in your life?
If you've watched two add 10 points. If you've watched up to four add 30 points. If you watched five or more add 100.
7) Define the following terms: Stare decisis, certiorari, Chevron deference, strict scrutiny, rational basis scrutiny, originalism, textualism, constitutional avoidance.
If you answered "define the what now?" or cursed under your breath, lose 10 points. Add five points for each you recognize, 10 for those you could argue in court, 25 for those you could write a textbook entry about.
8) When you think of the "Bar" do you think about getting some drinks or taking the test?
If you choose the test -- or the organization -- over alcohol add 10 points.
So what's your score? Use the key below to find out.
Less than 20: Sorry, but you're not a wonk. Why are you reading this, anyway?
Between 30 and 50: You're a little wonky, but probably not annoying at parties. Yet.
More than 50: You're either a lawyer (so OK, it's your job) or spend WAY too much time watching "Law & Order." Go outside and play sometime, will ya?
Got more? @reply us at @AP_Courtside on Twitter.
-Beth Davidz, AP reporter, Washington
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Supreme Courts around the world, part 4
Tues Jul 14, 10:40 pm ET
ISRAEL: The Supreme Court includes a chief justice (Dorit Beinisch is the first woman to ever serve in the role) and 14 other judges, all selected by a committee of Cabinet ministers, lawmakers, judges and lawyers, officially appointed by the ceremonial Israeli president and forced to retire at 70. Important decisions include a ruling that Israel's West Bank barrier is legal but must be repositioned to reduce harm to Palestinians, recognizing some non-Orthodox Jewish conversions and promoting equal opportunities for woman in the military.
INDIA: The Supreme Court has a chief justice and 25 other judges who are chosen by a collegium of senior Supreme Court judges. The collegium's recommendations need to be formally approved by President of India who almost always signs off on their appointments. The longest-serving Supreme Court judge is generally made the chief justice. The Supreme Court is scheduled to hear a petition seeking to annul a recent lower court decision decriminalizing gay sex.
SOUTH AFRICA: South Africa does have a 22-member Supreme Court of Appeal but the highest court in the land is the 11-member Constitutional Court. Appointments to both are made by the president on the advice of the Judicial Services Commission. The members of the Judicial Service Commission have just been replaced and there are concerns that the new members have been chosen for being more sympathetic to President Jacob Zuma and his supporters.
JAPAN: The nation's highest court, the Supreme Court, is composed of the Chief Justice and 14 justices, who are appointed by the Cabinet and confirmed by the Emperor. Arguments and adjudications are made by the 15-panel Grand Bench or one of three sets of 5-member Petty Benches.
Recent key decisions include the June, 2008, ruling that declared unconstitutional a law denying citizenship to children with Japanese fathers and foreign mothers who did not marry, and the October, 2006, decision recognizing the intellectual property rights of employees who invent products.
-Compiled by Dan Perry, AP's Europe-Africa editor, from London with contributions from AP reporters around the world
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Dealing from the bottom of the deck
Tues Jul 14, 7:30 pm ET
The race card can be played from both sides of the table.
Republican Sen. Jeff Sessions can point to Sonia Sotomayor saying in 2001 that she hoped that a "wise Latina" would make a better decision than a white male who did not have the same life experiences. And he's done that.
Democrats could point out that Sessions was once blocked from the federal bench two decades ago for making insensitive remarks about the Ku Klux Klan and the NAACP. But they haven't.
Nominated by President Ronald Reagan to the federal bench, Sessions, then a federal prosecutor, was attacked by liberals for "gross insensitivity" on matters of race. Notably, he once reportedly joked that the KKK wouldn't be so bad but for its members' use of marijuana. The NAACP and the American Civil Liberties Union, he allegedly said, were communist-inspired and tried to force civil rights down people's throats.
Sessions' nomination never made it to the Senate floor. His home-state senator, the late Howell Heflin, voted against him.
-Ron Fournier, AP Washington bureau chief, and Laurie Kellman, AP reporter, Congress
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Top 5 things that happened on day 2
Tues Jul 14, 7:10 pm ET
5. The Sessions debut. Sen. Jeff Sessions, the new ranking Republican on the Judiciary Committee, opened the GOP's questioning by pulling no punches. He asked Sotomayor about remarks where he claimed she implied that a jurist's personal background might affect legal decisions. Sotomayor stuck to her guns: "As I've indicated, my record shows that at no point or time have I ever permitted my personal views or sympathies to influence an outcome of a case."
4. The nominee's emotion. We finally saw Sotomayor laugh, joke and smile after a fairly stoic but polite performance on opening day. Alone at the witness table, she was engaging as she calmly fielded even the most pressing of questions from senators. Who said anything about a temper (see point No. 2 below)? She didn't even seem to come close to losing it.
3. The lighthearted quip. It took a half-dozen Capitol Police officers to remove a loud anti-abortion protester who yelled, "She's a baby killer." The senator who was questioning Sotomayor at the time, Republican Sen. Charles Grassley of Iowa, deadpanned, "I always said I had the ability to turn people on." The crowd, including Sotomayor, erupted in laughter.
2. The temper question. Sen. Lindsey Graham, R-S.C., put Sotomayor on the spot over whether the New York-born judge had a temper. He raised the subject by citing anonymous comments from the Almanac of the Federal Judiciary from lawyers who said she's "a terror on the bench," that she's "temperamental and excitable" and that she abuses lawyers or makes inappropriate outbursts.
1. The "Wise Latina" comment. Sotomayor was repeatedly asked to defend her 2001 comment suggesting that a "wise Latina" judge would usually reach better conclusions than a white man. She called the remark "a rhetorical flourish that fell flat." She added: "It was bad because it left an impression that I believed that life experiences commanded a result in a case, but that's clearly not what I do as a judge."
-Liz Sidoti, AP reporter, politics
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