13 seconds ago 2009-11-27T11:15:02-08:00
It's pretty certain that Sen. Jeff Sessions, R-Ala., would have loved a do-over on one remark he made while talking to Wade Henderson, president of the Leadership Conference on Civil Rights, about scheduling a Senate Judiciary hearing on the crack cocaine problem.
Sessions said he and Judiciary Committee Chairman Patrick Leahy, D-Vt., had been in discussions, saying: "Senator Leahy and I were talking during these hearings -- we're going to do that crack cocaine thing you and I have talked about before."
The hearing room cracked up.
Sen. Lindsey Graham, R-S.C., looked over at Sessions. "Please rephrase it, Senator. please rephrase," he said. Sessions laughed along with the crowd, but also clarified: "I misspoke."
-Jesse J. Holland, AP reporter, Supreme Court
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Thur Jul 16, 3:50 pm ET
With Sonia Sotomayor a professed baseball nut, you'd think the only former Major League Baseball player serving in the Senate would vote for her.
Nope.
Sen. Jim Bunning, R-Ky., took to the Senate floor immediately after Sotomayor finished her testimony to say that he's going to vote against her. Said Bunning: "On viewing the record of Judge Sotomayor, I do not find her to be a suitable candidate for justice of the Supreme Court of the United States and will vote against her whenever the Senate considers her nomination."
Bunning played for 17 years in the majors. This is how he describes his career in the big leagues on his Web site.
"Pitching primarily for the Detroit Tigers and Philadelphia Phillies, Bunning accumulated a record of achievement that eventually won him a seat in the Baseball Hall of Fame in 1996. He was the second pitcher in history (Cy Young was the first) to record 1,000 strikeouts and 100 wins in both the American and National leagues. When he retired in 1971, Bunning was second on the all time strikeout list -- second only to Walter Johnson."
Sotomayor is a big Yankees fan, and there was baseball talk just about every day of her questioning. But with Bunning, she struck out.
-Jesse J. Holland, AP reporter, Supreme Court
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Thur Jul 16, 3:47 pm ET
Throughout the hearing, Sotomayor has heaped praise on longtime Manhattan District Attorney Robert Morgenthau and the role he played in her life. He got the chance to return the compliments today when he appeared before the Senate Judiciary Committee, seated next to New York Mayor Michael Bloomberg.
The 89-year-old Morgenthau said that as a prosecutor for four years, Sotomayor could not be pushed around, and that as a judge she never looked for the easy way out of cases. He said she was so effective as a prosecutor that she once left a judge in tears as she described the harm done to victims in a Times Square child pornography case.
He said she would be an outstanding justice and would bring a unique perspective to the court because she has been a state criminal prosecutor. Morgenthau announced earlier this year that he is retiring after 35 years as district attorney.
-Larry Neumeister, AP New York-based federal courts reporter, Washington
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Firefighters testify about difficult test preparation
Thur Jul 16, 3:28 pm ET
New Haven firefighters Frank Ricci and Benjamin Vargas talked emotionally about how hard they studied for a promotion test that was thrown out by city officials because too few minorities did well.
Ricci and Vargas stressed that the test was clearly related to their job, which requires fast decisions and a broad understanding of fires and rescue techniques. Vargas, who is Hispanic, and Ricci, who is dyslexic, said they threw themselves into preparation for the test to make sure they were promoted.
"I studied harder than I ever have before," said Ricci, running his finger across the page as he read from a statement. "Reading. Making flash cards. Reading again. ... Listening to tapes."
Ricci said he was a virtual absentee father and husband while studying. Vargas said he ignored his family for three months, surrounding his basement desk with photos of his three sons to remind himself that he was working to make their futures better. His wife, a teacher, took time off from work so he could focus on the test. He eventually checked into a hotel to cram.
"I was shocked when I was not rewarded for this hard work," Vargas testified.
Ricci and Vargas joined other plaintiffs in a racial bias lawsuit against the city. Sotomayor was part of a three-judge panel that ruled against the firefighters. That ruling was overturned by the Supreme Court, and opponents have been highly critical of Sotomayor's decision in the case.
-Michael Giarrusso, AP editor
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Firefighters testify, but not everyone's listening
Thur Jul 16, 3:15 pm ET
Not everyone showed up to hear the Republicans' star witness testify: the firefighter at the center of a controversial reverse-discrimination case much-discussed during Sonia Sotomayor's confirmation hearing.
Frank Ricci told his story -- but he didn't mention Sotomayor by name in his statement. He did say the case at hand was not about his dyslexia, but about fairness. "The more attention our case got, the more some people tried to distort it," Ricci said. "We sought basic fairness and even-handed enforcement of the laws, something all Americans believe in."
Ben Vargas, another firefighter, also testified the focus of the case should have been on what he did to deserve a promotion. He said: "The focus should not have been on me being Hispanic."
Only the following senators heard their statements -- Ben Cardin of Maryland, Chairman Patrick Leahy of Vermont, Richard Durbin of Illinois, Arlen Specter of Pennsylvania for the Democrats; Jeff Sessions of Alabama, Orrin Hatch of Utah, John Cornyn of Texas, and Lindsey Graham for the Republicans. Only Leahy appeared to be reading, the rest listened intently.
The two firefighters filed a reverse discrimination suit that Sotomayor joined in dismissing. The Supreme Court reversed that decision last month. The case has proved a leading cause for conservatives opposed to Sotomayor. The judge's critics have criticized her for dismissing the firefighters' arguments without a hearing. They were trying to win promotions they said they earned on an examination that the city administered.
-Liz Sidoti, AP reporter, politics; Laurie Kellman, AP reporter, Congress
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Thur Jul 16, 3:00 pm ET
Speaking now before the Judiciary Committee: The man at the center of one of Sonia Sotomayor's most-disputed court rulings.
New Haven, Conn., firefighter Frank Ricci is telling his story in the reverse discrimination case that has proved a leading cause for conservatives opposed to Sotomayor.
The judge's critics have criticized her for dismissing the firefighters arguments without a hearing. They were trying to win promotions they said they earned on an examination that the city administered. New Haven eventually ruled the test invalid, saying it looked stacked against minorities.
-Liz Sidoti, AP reporter, politics
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Thur Jul 16, 2:51 pm ET
He's the top dog in New York City. But in Washington? He's simply one member of a panel reading prepared testimony supporting Sonia Sotomayor's nomination to the Supreme Court.
Michael Bloomberg sat at the far end of a witness table that included arguably the most anticipated witnesses -- firefighters Frank Ricci and Ben Vargas, who are testifying for Republicans.
Bloomberg was supposed to go first but he was running late. So Dustin McDaniel, Arkansas' attorney general, picked up the slack. He was starting his testimony when the New York mayor arrived. When it was his turn, Bloomberg predictably put in many a plug for his city and heralded Sotomayor as "the quintessential New York success story."
-Liz Sidoti, AP reporter, politics
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Thur Jul 16, 2:47 pm ET
Sonia isn't the only famous Sotomayor who passed the bar and went on to reach some pretty lofty heights.
Cuba's Javier Sotomayor has held the world record for the high jump since 1992, when he leapt 2.45 meters, or 8 feet 1/2 inch. The mark is one of track and field's most enduring records. He was also the first human to jump over 8 feet, and he did it in 1989 in Puerto Rico, where Sonia's parents were born.
Now retired from competition, the 41-year-old manages the Cuban national track and field team. Like Sonia, he's a hero to millions of people across Latin America. He is considered the best high jumper of all time.
In case you're curious: They're not related.
-William J. Kole, AP Vienna bureau chief
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Standup from a seated senator?
Thur Jul 16, 2:29 pm ET
Since he entered the Minnesota senate race, Al Franken has been his own straight man.
But when he made his debut as senator this week, we wondered if he'd loosen up and show his sense of humor. Check out the video package "Franken's muted debut" created by AP reporter Kevin Vineys, focusing on probably the second most-watched person at the hearing after Sotomayor herself.
-Beth Davidz, AP reporter, Washington
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Public testimony: Where are the senators?
Thur Jul 16, 2:11 pm ET
Here's how important the first post-Sotomayor public-witness panel is: Chairman Patrick Leahy wasn't even there. The Vermont Democrat was in a booth above the hearing room, being interviewed on MSNBC, while one of the most junior members on the panel, Sen. Sheldon Whitehouse, D-R.I., grilled witnesses from the American Bar Association. Few senators joined him.
-Laurie Kellman, AP reporter, Congress
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Thur Jul 16, 1:50 pm ET
Sen. Jeff Sessions, R-Ala., seems to be warming up to Sonia Sotomayor -- at least when comments made today to reporters during a break are compared with what he said Wednesday during a similar break.
A day ago, he said her testimony was "muddled, confusing and backtracking on issue after issue." But just minutes ago after she finished testifying, Sessions told reporters "the nominee said some good things in the hearing." But he added that he still had some serious concerns about her and needed to think about it before he decides how to vote.
Sessions said he did not expect a committee vote on her nomination by next Tuesday, adding: "To have a few extra days between the hearing and the vote is not too much to ask."
-Larry Neumeister, AP New York-based federal courts reporter, Washington
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Thur Jul 16, 1:46 pm ET
After sitting in the witness chair for 3.5 days, Sonia Sotomayor is finally done.
But not before a few more words from Judiciary Committee Chairman Patrick Leahy. He thanked the nominee and her assembled family for their intellect, grace and patience. He also said that 2,000 people attended the hearings in person. Then, Leahy recessed the hearing for a few minutes.
Much hugging ensued. Sotomayor stood up, hugged her family and friends, then made her way up to the dais. She hugged Leahy, who hugged her back. And then she left.
Public witnesses are next.
-Laurie Kellman, AP reporter, Congress
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Thur Jul 16, 1:25 pm ET
When Sonia Sotomayor finishes answering questions, the pace of the hearing will increase tremendously.
The public witnesses who are scheduled to speak will for the most part come in, give a quick speech and then leave. Many of the senators don't even hang around for the public witness part of confirmation hearings. You may have a couple senators ask questions of the witnesses, but those will go by quickly.
The only exception to this will be the New Haven, Conn., firefighters Frank Ricci and Ben Vargas. Senators will come back to hear from these two men, considering Republicans have used the New Haven firefighter case to criticize Sotomayor. Look for GOP senators to also criticize liberal groups that have been digging in Ricci's past to find something to use against him, since he is expected to criticize Sotomayor's decision in his lawsuit.
-Jesse J. Holland, AP reporter, Supreme Court
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Thur Jul 16, 12:55 pm ET
Sonia Sotomayor mentioned that she took a pay cut when she left corporate law to become a judge. She said federal judges had not received a raise in 20 years.
Republican Sen. Jeff Sessions, who was nominated as a federal judge in 1985 and rejected by the Senate Judiciary Committee, pointed out that judges do get cost-of-living increases.
Federal trial judges are paid $169,300 a year. Appellate judges make more, ranging up to $217,400 for Chief Justice John Roberts. Sessions said the salary for judges was about four times the average family's income.
"I hope you can live on it. If not, you probably shouldn't take the job," he told Sotomayor.
An AP story about judicial pay.
-Michael Giarrusso, AP editor
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Editorial Cartoons: Sotomayor as a pinata and more
Thur Jul 16, 12:52 pm ET
The Miami Herald turns the "wise Latina" table on senators.
A joke about the hot air in the hearing room from the San Antonio Express-News.
The Star-Ledger jokes about Republicans trying to carefully attack Sotomayor.
The Atlanta Journal-Constitution makes another "wise Latina" joke.
The Chattanooga Times Free Press makes fun of the Atlanta Braves and the complaints about Sotomayor.
The Belleville News-Democrat pokes fun at Sotomayor.
A story in The Washington Post about a controversial cartoon in The Oklahoman. And a direct link to The Oklahoman cartoons, including a July 15 cartoon about Sotomayor.
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Thur Jul 16, 12:40 pm ET
Did GOP Sen. Jeff Sessions of Alabama just signal the Republicans' surrender on Sonia Sotomayor's confirmation?
Sessions, who leads the Judiciary Republicans, said that they are not going to try to block Sotomayor, saying: "I will not support and I don't think any member of this side will support a filibuster or any attempt to block a vote on your nomination. It's a very important vote."
Some conservatives, as well, have called on the GOP to slow down her nomination and hold it over past the Senate's month-long recess in August. But it doesn't seem like that is going to happen either. Said Sessions to Sotomayor: "I look forward to you getting that vote before we recess in August."
-Jesse J. Holland, AP reporter, Supreme Court
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Thur Jul 16, 12:26 pm ET
Sotomayor says she wants to be a Supreme Court justice because "I can't think of a greater service to give to the country."
Seemingly fresh out of questions, Sen. Al Franken, D-Minn., started to wind down the morning session by asking simply: "Why do you want to be a Supreme Court justice?"
Sotomayor answered with a story about her rise to the federal bench, a move Sotomayor said was inspired by her dedication to public service.
"It really has always been the answer, given who I am, my love of the law," she said. "My sense of importance about the rule of law, how central it is to the function of our society, how it sets us apart as many senators have noted, from the rest of the world, have always created a passion in me," she said. "I can't think of a greater service to give the country than to be given the privilege of being a justice of the Supreme Court."
-Ron Fournier, AP Washington bureau chief
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Everybody out of the cert pool
Thur Jul 16, 12:23 pm ET
Here's another one of those what-the-heck-is-it subjects: the cert pool.
It's a Supreme Court tradition where law clerks review petitions for certiorari -- requests for an appeal of a ruling to the Supreme Court -- and recommend whether they should be granted. The recommendation is circulated to each justice in the pool. It's supposed to be a time-saving device, with thousands of requests for cert to the Supreme Court. Only two sitting justices don't participate, Justices John Paul Stevens and Samuel Alito. Alito participated for a while, and then withdrew.
It came up today when Sen. Arlen Specter, D-Pa., asked whether Sotomayor would join the cert pool.
"My approach would probably be similar to Justice Alito, which is experience the process, take, for a period of time, consider its costs and benefits, and then decide whether to try the alternative or not and figure out what I think works best in terms of the functioning my chambers and the court," Sotomayor said. "I can't give a definitive answer because I generally try to keep an open mind until I experience something and can then speak from knowledge about whether to change it or not."
-Jesse J. Holland, AP reporter, Supreme Court
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Thur Jul 16, 12:20 pm ET
Two of the Senate Judiciary Committee's conservatives say Sotomayor's judicial record shows she's in the mainstream.
Sen. John Cornyn, R-Texas, is a former state judge himself: "I actually agree that your judicial record strikes me as pretty much in the mainstream of judicial decision-making by district court judges and by Court of Appeals judges on the federal bench."
Sen. Lindsey Graham, R-S.C., took Sotomayor to task about her speeches and work outside the court, saying: "You have, I think, consistently, as an advocate, took a point of view that was left of center." But, he added, "you have, as a judge, been generally in the mainstream."
Graham and Cornyn -- both of whom were strong advocates of President George W. Bush's judicial nominees and fought Democrats over their judicial filibusters -- have not said how they will vote on Sotomayor in committee or on the Senate floor. But the nominee's probably feeling pretty good about those statements from two very conservative senators.
-Jesse J. Holland, AP reporter, Supreme Court
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Praise from both sides of the aisle
Thur Jul 16, 12:15 pm ET
Three days of testimony are paying off: Sonia Sotomayor is drawing praise today from GOP skeptics as well as Democratic supporters.
It's the final day of Senate questioning that's expected to lead to her confirmation.
Sen. Lindsey Graham, R-S.C., described Sotomayor's judicial record as "generally in the mainstream" and said he thought she would keep an open mind on gun rights. He proclaimed her "not an activist."
Sen. Arlen Specter, a Republican-turned-Democrat from Pennsylvania, said he's not ready to announce his vote, but "conventional wisdom" strongly points toward Sotomayor's confirmation.
-Ron Fournier, AP Washington bureau chief
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