3 seconds ago 2009-11-09T23:18:25-08:00
Democrats and Republicans have been arguing over a Supreme Court footnote in the New Haven, Conn., firefighters reverse discrimination case in which the Supreme Court overturned an appellate court decision in which Sotomayor participated.
The rub: Republicans have argued that all 9 justices disagreed with Sotomayor. Democrats, and Sotomayor herself, say that's not the case.
The back-story: The decision was 5-4, but Republicans cite a footnote in a dissent written by Justice Ruth Bader Ginsburg and joined by the other three dissenters. Ginsburg said that ordinarily a case such as this should be sent back to the district court for consideration. Republicans say that comment shows that all 9 justices disagreed with the appeals court decision to uphold the district court ruling. But another reading of Ginsburg's footnote is that because the court's conservative majority set a new standard for evaluating the case, the court should not reach a final judgment, but rather allow the trial court to evaluate the facts of the case in light of the new standard.
-Mark Sherman, AP reporter, Supreme Court
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From the blogs: Franken, Franken, Franken
Thur Jul 16, 11:36 am ET
For bloggers, at least, one of the hearing's highlights was hearing Sen. Al Franken, the funny man-turned-politician who refuses to be funny. Some enjoyed the moment that Franken finally cracked a joke when talking to Sotomayor about Perry Mason.
Others thought Franken was a fool, and not the funny kind.
The other Minnesota senator, Sen. Amy Klobuchar got same play in the blogs as well. And while the American Thinker blog is sick of Sotomayor's sex and race being a subject of the hearing, some Latina women are starting to own the term "wise Latina."
Missed yesterday's coverage of the hearing and can't wait for the movie?
See everything you need to know on Talking Points Memo in 100 seconds. Or check out these links:
Sotomayor Enters the D.C. Twilight Zone. Truthdig.
The Sotomayor Hearings - Branding the Neo-Confederates. Huffington Post.
Judge Sotomayor Deliberately Lied. RedState.
I'm against her. Newser.
-Beth Davidz, AP reporter, Washington
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What's that about?
Thur Jul 16, 11:23 am ET
"I never thought I'd live to hear myself say this -- look at the Ninth Circuit."
What Sen. Lindsey Graham, R-S.C., was referring to is the 9th U.S. Circuit Court of Appeals in San Francisco, an appeals court that conservatives absolutely hate.
Conservative politicians have tried for years to break up that court, which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington state. It covers more states than any other circuit court, and conservatives have repeatedly called it the most liberal, most overruled, most out-of- touch circuit court in the nation.
It was the federal court that ruled that having public schools recite a pledge including the phrase "under God" in the Pledge of Allegiance violated the First Amendment ban on establishment of religion. During the Sotomayor hearing, Graham was referring to a Ninth Circuit position that conservatives like, that the "Second Amendment should be considered a fundamental right."
-Jesse J. Holland, AP reporter, Supreme Court
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Missing McCain
Thur Jul 16, 11:20 am ET
South Carolina's Lindsey Graham is known as John McCain's staunch defender -- both by Washington insiders and political watchers outside the Beltway. But McCain hasn't been anywhere around Sonia Sotomayor's confirmation hearing, and Graham has played a very different role during them.
Still, there are shades of McCain in Graham's pointed -- though polite -- questioning of Sotomayor. At times, Graham sounded much like his friend from Arizona who values "straight talk."
"Unless you have a complete meltdown, you're going to get confirmed," Graham told her earlier this week. "And I don't think you will" have a meltdown, he added quickly. Today, he gave another dose of honesty, saying: Senators want Supreme Court justices who see the world like they do.
-Jesse J. Holland, AP reporter, Supreme Court
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How's it playing with Hispanics?
Thur Jul 16, 11:11 am ET
Time will tell if Republicans have damaged their standing with Hispanic Americans by continuing to press Sotomayor on her now-famous "wise Latina" comment -- even after she backed down from it.
When Sen. Lindsey Graham, R-S.C. brought up the now-famous "wise Latina" comment, Mary Hernandez groaned: "Oh no." Hernandez, a past president of the Hispanic National Bar Association, was sitting in the VIP section. Her row was occupied by other past presidents of that group -- Republicans, Democrats and others -- which has endorsed Sotomayor's confirmation.
"He's raised it so many times," Hernandez whispered. "If that's the only thing that they have to raise against her, it's just very telling what a stellar jurist she is. I'd just wish they'd get beyond that question," she added, declining to say what this line of questioning revealed to her about the GOP.
"They just keep beating a dead horse," added Carlos Ortiz, another past president sitting next to Hernandez, echoing comments made by Sen. Charles Grassley, R-Iowa. "They should stop already."
-Laurie Kellman, AP reporter, Congress
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Bloomberg habla Espanol
Thur Jul 16, 10:59 am ET
Keep an ear out for New York City Mayor Michael Bloomberg to try out some of his Spanish skills when he testifies in support of Judge Sotomayor.
The Democrat-turned-Republican-turned-independent is running for re-election and seizes every opportunity to "speak" to Hispanic voters. Just as the election year was approaching, he began a new policy of summarizing his remarks in Spanish at various official events, in order to get more air time on the local Spanish media.
Bloomberg has been quick to praise Sotomayor for her knowledge of the law and ability to rule fairly and objectively. He says he's qualified to know because one of his duties is to interview and appoint judges to New York's family and criminal courts.
The billionaire mayor also likes to mention that he recently dined with the nominee -- she was a guest at a dinner party he recently held at his Upper East Side townhouse. Bloomberg served the 20-or-so guests meatloaf, mashed potatoes and berry tarts with vanilla ice cream.
Sotomayor brought another judge, Robert Katzmann, as her guest. He was appointed to the 2nd U.S. Circuit Court of Appeals by President Clinton in 1999.
-Sara Kugler, AP reporter, New York
(AP Photo/Gerald Herbert)
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Thur Jul 16, 10:57 am ET
It's hard not to be thinking Sonia Sotomayor has reached the home stretch when few senators are using their full 20 minutes of allotted time to question her during the second round.
And then there's this: Republican Sen. Lindsey Graham of South Carolina, a key agitator during the hearing, says he finds her answers so far today "very reassuring."
At times during his 20-minute-long questioning, Graham seemed to be lecturing her about the Second Amendment rather than asking questions about it -- seemingly expecting she will be seated on the Supreme Court and have to ultimately decide a case about the right to bear arms.
He added: "Here's what I'll say about you ... I think fundamentally Judge, you're able to embrace a right that you may not want for yourself, to allow others to do things that are not comfortable to you but for the group they are necessary. That is my hope for you. That is what makes you to me more acceptable."
-Larry Neumeister, AP New York-based federal court reporter, Washington
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Thur Jul 16, 10:53 am ET
Sen. Dianne Feinstein, D-Calif., played to all women watching the hearings.
She told Sonia Sotomayor: "We, as women, didn't have the right to vote until 1920. When you graduated from law school, there had never been a women on the Supreme Court." She went on: There only are 17 women senators. Women only make 78 cents on the dollar of what a man makes.
Then came the "tough" question. Feinstein asked Sotomayor whether she looks at herself as a role model for the empowerment of women.
"What I have accomplished does serve as an inspiration for others," the nominee said. "It's ... an awesome sense of responsibility. Each one of us faces challenges in our lives. We overcome them. For me, I understand my responsibility to reach out to all kinds of groups."
In case anyone didn't get the message, Feinstein followed up. She called Sotomayor "a walking, talking example of the best part of the United States of America. You are going to be a great Supreme Court justice."
-Larry Margasak, AP reporter, Congress
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The case of the Perry Mason case
Thur Jul 16, 10:42 am ET
When Sen. Al Franken joked about the one Perry Mason episode where the prosecutor won -- the show that neither he nor Sotomayor could recall -- we reported that it was "The Case of the Deadly Verdict." And this morning we reported further that Franken might have been expected to remember it, because it starred another Franken -- his cousin.
Devoted Perry Mason fans have a quibble. Some say there are two episodes where Mason lost. Some say there are three. We turned to Thomas Leitch, an English professor and author of "Perry Mason: Contemporary Approaches to Film and Television Series" for a verdict:
"When fans talk about the one case Perry Mason lost, they're usually talking about the episode titled 'The Case of the Deadly Verdict.'" In that episode, Mason's client is found guilty, but he launches a new investigation and exonerates her. The lesson isn't that even Mason sometimes loses, but "that an adverse verdict doesn't necessarily mean that it's too late to reverse an apparent injustice, a lesson I'd expect would be dear to Judge Sotomayor's heart."
Leitch says a much earlier episode -- "The Case of the Terrified Typist" -- might also count as a loss. Mason's client is found guilty, but Mason unmasks his client as an imposter, so technically, it's not his client who's guilty but the man pretending to be his client.
And then there's the episode in which Perry Mason wins, but Raymond Burr loses. Stay with us here. In "The Case of the Dead Ringer," Burr played two roles -- Mason and a villain who impersonates Mason. Burr eventually turns Burr over to the police.
Leitch says watching Perry Mason can give "a very peculiar idea of the criminal justice system." But he offered himself up to the White House, "in case President Obama would like his next Supreme Court nominee to be better briefed than Judge Sotomayor on the career of Perry Mason."
-Lisa Tolin, AP editor
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Her future's so bright ...
Thur Jul 16, 10:39 am ET
But will she wear shades? Republican Sen. Lindsey Graham of South Carolina told Sonia Sotomayor: "We'll see what your future holds, but I think it's going to bright."
With that nod to her likely confirmation, Graham warned that the hearing may take an ugly turn later. He said senators would soon hear from New Haven firefighter Frank Ricci, who was on the winning side of a Supreme Court ruling on affirmative action that overturned Sotomayor's position.
Now that Americans have heard so much from her, Graham said, "Mr. Ricci has a story to tell, too. There are all kinds of stories to tell in this country."
-Ron Fournier, AP Washington bureau chief
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Thur Jul 16, 10:35 am ET
Sen. Lindsey Graham, R-S.C., was the latest senator to press Sonia Sotomayor on The Puerto Rican Legal Defense and Education Fund. Here's a primer.
WHAT IT IS: The Puerto Rican Legal Defense and Education Fund, now known as LatinoJustice PRLDEF.
THE CONNECTION: Supreme Court nominee Sonia Sotomayor held leadership roles on the group's board from 1980 to 1992. She left when she became a federal judge.
WHY PEOPLE CARE: Some Republicans say Sotomayor's work with the civil rights group could sway her opinions as a justice. The organization's positions against capital punishment and in favor of abortion rights have drawn criticism, as has its support of affirmative action.
-Natasha Metzler, AP reporter, Washington
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Thur Jul 16, 10:26 am ET
When will this hearing end? Well, the answer isn't simple -- and it doesn't have as much to do with witness lists and issues as you might think.
Bottom line: The Sonia Sotomayor hearing will probably conclude today, and almost certainly won't go beyond Friday.
Back story: Timing depends partly on how long it takes senators to wrap up the rest of their questions and then plow through the rest of the witnesses, including New Haven firefighter Frank Ricci. But there's also the matter of the senators' weekend plans.
If there are no votes in the Senate tomorrow, there is no compelling reasons for senators to stick around. So they'll do what it takes to leave town today. If there are votes in the Senate tomorrow, lawmakers may be less likely to rush through the witness list or go late tonight.
-Ron Fournier, AP Washington bureau chief
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From the newspapers: Sotomayor's blood drained?
Thur Jul 16, 10:19 am ET
Houston Chronicle blogger Kyrie O'Connor compares Sotomayor to a vampire victim.
The Dallas Morning News analyzes the Sotomayor voting decision of Sen. Kay Bailey Hutchinson, who is running for governor.
A column in the Dallas Morning News (from the San Diego Union-Tribune) about senators lecturing Sotomayor.
The San Antonio Express-News writes about Latino reaction to Coburn's Ricky Ricardo imitation.
A Chicago Tribune column about Justice Ginsburg's recent comments about Roe vs. Wade.
-Michael Giarrusso, AP editor
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Thur Jul 16, 10:17 am ET
Hark! The herald buzz words sing and they've been singing throughout the Sotomayor confirmation hearing. As we've posted before here and here, we've been keeping track of buzz words throughout the hearing. So what was Wednesday's count?
As Sotomayor put it Wednesday, "I've been overusing that word, 'hearken,' sorry."
It seems that Sotomayor didn't "hearken" -- or listen attentively -- to her own words Wednesday as she only used the word twice. Sen. John Cornyn used the word "hearkening" once.
One of the hot topics of the day was "abortion," with the word itself coming in at 15 and the famous "Roe v. Wade" case at 13.
Perry Mason, the fictional TV lawyer, was also a popular topic with "Mason" uttered 11 times Wednesday.
The full list is below. Any buzz words you'd like us to count? @reply us at @AP_Courtside on Twitter.
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Experience: 50
Discrimination: 15
Abortion: 15
Roe v. Wade: 13
Mason (as in the TV lawyer Perry): 11
Firefighter: 9
Baseball: 9
Fair: 9
Second Amendment: 8
Impartial: 6
Wise Latina: 4
Hearken: 2
Ricci (as in the New Haven, Conn. firefighter Frank Ricci): 2
Hearkening: 1
Prejudice: 0
-Beth Davidz, AP reporter, Washington
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Thur Jul 16, 10:12 am ET
Is that exasperation coming from Sen. Jon Kyl? The Arizona Republican clearly wanted Sonia Sotomayor to say there was no precedent to invalidate a promotion test for New Haven, Conn., firefighters. She wouldn't bite. She said there was a precedent to show a disparate impact on some groups.
Kyl complained that he had 20 minutes for questions and he used up half of them without getting an answer. Did he mean he didn't get the answer he wanted?
-Larry Margasak, AP reporter, Congress
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Perfect timing: In the elevator with senators
Thur Jul 16, 10:08 am ET
As AP reporter Laurie Kellman was making her way to the hearing this morning, she ran into the top Democrat and Republican on the Judiciary Committee -- Sen. Patrick Leahy of Vermont and Sen. Jeff Sessions of Alabama. For reporter, that's the kind of access that makes covering Congress a plum -- and fun -- assignment. Lawmakers are everywhere. You never know who you'll see wandering the halls. And they're always willing to chat -- especially if they recognize you. They know Kellman; she's covered Congress for the AP for years.
Here's her report: "I just rode up to the hearing room in the elevator with Leahy and Sessions. When the doors opened and I entered, they were in the midst of re-living Wednesday's dead-microphone debacle. Senators do not like dead microphones; they prevent them from doing what they do most: talk to the masses."
And here's her first dispatch from the hearing room: "When Leahy got to the hearing room, he gave Sotomayor the customary morning greeting. Today though, he, too, has a brace on a sore limb -- a scuba diving-related injury that flares up from time to time, according to a knowledgeable aide."
-Liz Sidoti, AP reporter, politics
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Thur Jul 16, 10:06 am ET
It's not often that a politician turns a camera on the media, but that's just what happened on the third day of the Sotomayor hearings.
In a playful moment, Sen. Patrick Leahy took photos of video crews who were filming him in the halls outside the session. The AP caught it all on tape.
After seeing the video, one of our AP_Courtside followers on Twitter asked:
thebinker: @AP_Courtside: nice video. plus, gotta love Sen. Leahy. does he do that regularly?
We got to the bottom of this for you.
Sen. Leahy's love of photography dates to his childhood. He is actually a highly acclaimed, published photographer.
The senator often takes photos of fellow politicians. Among his most famous works are pictures of the first President Bush wearing a Mickey Mouse hat, Ronald Reagan's second inauguration and an image of Soviet leader Yuri Andropov shortly before he died.
If Leahy ever decides to leave politics, he already has a second career.
-Alicia Quarles, AP editor, entertainment
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Firefighters already dominating day
Thur Jul 16, 9:58 am ET
Republicans didn't waste a moment today trying to focus on Sonia Sotomayor's views on affirmative action -- and her habit of dodging questions.
It's Day 4 of her confirmation hearing, a day likely to be remembered for the upcoming testimony of New Haven firefighter Frank Ricci. He was on the winning side of a Supreme Court race-discrimination ruling that overturned an appellate court decision in which Sotomayor participated.
Sen. Jon Kyl, R-Ariz., opened the questioning today by pressing Sotomayor on her claim that she was bound by precedent in ruling against the white firefighters. Sotomayor, who has danced around the question all week, started to review the facts of the case when Kyl interjected. "The question I asked was very simple," he said, apologizing for the interruption and reminding her of the question: What was the precedent by which she was bound?"
A few minutes later, he stopped her again: "Let me interrupt again, because you're not getting to the point of my question," Kyl said, adding that Sotomayor would never let a lawyer get away with indirect answers in her courtroom. He said Sotomayor would admonish an elusive lawyer by saying, "That's all fine and dandy, counsel, but you're not answering my question."
And on it went.
-Ron Fournier, AP Washington bureau chief
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Thur Jul 16, 9:50 am ET
Sonia Sotomayor returned for a fourth day in the hot seat. And GOP Sen. Jon Kyl opened his questioning by noting the temperature swings in the hearing room. He apologized for uncomfortably hot temperatures on Wednesday around the well-light dais and witness table. He warned: "It could get a little steamy this morning, too." And he added: "If there's ever a question about Judge Sotomayor's stamina in a very hot room," it has been answered.
It may be hot up there, but the press-friendly Chairman Patrick Leahy noted -- rightly so -- that the part of the room where the media is gathered is like an icebox.
-Jesse J. Holland, AP reporter, Supreme Court
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Thur Jul 16, 9:40 am ET
Our -- er, your -- reporter for the day is Laurie Kellman. Yes, she's back! And, check this out. She was just in an elevator with Judiciary Committee Chairman Patrick Leahy and ranking Republican Jeff Sessions as the two senators made their way to the hearing room to open the fourth day of Sonia Sotomayor's confirmation hearing. She'll file a post on what she heard soon. So check back. In the meantime, do you have a question for Laurie about what to expect today? Send it to @reply us @AP_Courtside on Twitter.
-Liz Sidoti, AP reporter, politics
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Thur Jul 16, 9:34 am ET
It was a day of dodge and duck on Wednesday for Sonia Sotomayor. Supreme Court nominees rarely take risky or controversial positions when in front of the Senate Judiciary Committee, and President Barack Obama's nominee is no exception. Sotomayor is following a path charted by several nominees before her, including Chief Justice John Roberts and Justice Samuel Alito, on the questions they've all been asked. Read Jesse J. Holland's full story comparing what she said on some key topics versus what Roberts and Alito said at their confirmation hearings.
It's Sotomayor's fourth day at the witness table, and we've found out a ton of stuff about her during the hearing. Nancy Benac writes: "The portrait of Sotomayor that has emerged from hour upon hour of testimony before the Judiciary Committee this week is that of a judge who is confident, disciplined and unflappable -- but also unafraid to admit she's goofed up, willing to share a laugh with her critics and unembarrassed to recount details of her favorite childhood TV show." Read the rest of Benac's dispatch here.
-Liz Sidoti, AP reporter, politics
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New Haven firefighters impressed by senators
Thur Jul 16, 9:28 am ET
The New Haven Register spoke to firefighters who were guests of Republican senators at the Sotomayor hearing yesterday.
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Thur Jul 16, 9:20 am ET
Sen. Al Franken's career as a comic on "Saturday Night Live" didn't just help him crack wise at the Sotomayor hearings. He also had a dress rehearsal for questioning Supreme Court nominees.
In a 1991 skit from the comedy show, Franken played Sen. Paul Simon -- the late Illinois Democrat known for his bow ties and glasses -- querying Supreme Court nominee Clarence Thomas about how to get a date with a receptionist at a government office building.
"Do you think she'd go out with me?" asks Franken, who without much makeup bears a strong resemblance to Simon. "Women just don't like the bow tie, do they?"
Check out the clip:
-Burt Herman, AP editor
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Thur Jul 16, 9:00 am ET
Republicans are bringing in their own heavy hitters -- to argue against Sotomayor. You can expect to see conservatives Peter Kirsanow, a commissioner on the U.S. Commission on Civil Rights, and Charmaine Yoest, president of Americans United for Life, which opposes abortion rights.
But the main event will be Frank Ricci and Ben Vargas, plaintiffs in the New Haven, Conn., firefighter case. Ricci was the lead plaintiff in the Ricci v. DeStefano case decided by the Supreme Court last month. In that case, the high court overturned a decision by Sotomayor and other judges on the 2nd U.S. Circuit Court of Appeals. Conservatives have been using that case to attack Sotomayor.
-Jesse J. Holland, AP reporter, Supreme Court
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From the Newspapers: The view from L.A.
Thur Jul 16, 8:55 am ET
A sampling of Sotomayor-related coverage from the Los Angeles Times:
Mixed legal reviews on Sotomayor's appearance.
Grassley beats a dead horse, but at least he's honest about it.
The hearing transcripts so far.
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Thur Jul 16, 8:50 am ET
Five things to watch for during the fourth day of Sonia Sotomayor's confirmation hearing to the Supreme Court:
5. DAVID CONE: The former major-league pitcher is schedule to testify about Sotomayor's role in ending a nearly eight-month baseball strike that wiped out the World Series for the first time in 90 years. The U.S. District Court judge issued an injunction against owners on March 31, 1995.
4. FRANK RICCI: The New Haven, Conn., firefighter was on the winning side of a Supreme Court race-discrimination ruling that overturned an appellate court decision in which Sotomayor participated. The hearing has brought Ricci some unwanted attention: As soon as the anti-Sotomayor side listed him as a witness, liberal groups did some digging and are now pointing out that he got his job by filing a discrimination case.
3. SEN. AL FRANKEN: The comic-turned-senator injected some levity into the hearings Wednesday and, with any luck, will do so today. But he's good for more than a laugh: Franken, virtually alone among Democrats, chastised Sotomayor for being so elusive during a frustrating question-and-nonanswer session over voter rights. "So that means you're not going to tell us?" he asked.
2. AUGUST: That's when the Democratic Senate leadership plans to put Sotomayor's nomination up for a vote and almost certainly send her to the high court.
1. OBAMA'S NEXT PICK: Sotomayor's hearing is less about her than it is about Democratic and Republican efforts to lay the groundwork for the possibility that Obama will some day replace a conservative justice. That could dramatically change the ideological makeup of the divided court. Sotomayor would replace Justice David Souter, who is part of the court's liberal bloc.
-Ron Fournier, AP Washington bureau chief
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Thur Jul 16, 8:39 am ET
Coming soon to a hearing room near you: cameo appearances by New York City Mayor Michael Bloomberg and former New York Yankees pitcher David Cone.
Both will testify in her favor -- she's a New York native and loves the Yankees -- during the public witness portion of the hearing. That's likely to begin this afternoon.
Others tapped to praise her before the Senate Judiciary Committee: former FBI director Louis Freeh, and former New York District Attorney Robert Morgenthau. Freeh and Sotomayor were judges together in New York, and Morganthau hired Sotomayor to work in the D.A.'s office.
Side note: Most people outside of New York don't know who Morgenthau is, but if you watch "Law & Order," he's the person they loosely based fictional D.A. Adam Schiff on!
-Jesse J. Holland, AP reporter, Supreme Court
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Thur Jul 16, 8:39 am ET
So far, Sotomayor just hasn't been that funny. So David Letterman poked fun at Sen. Orrin Hatch instead: "Good news. The FDA has just released a new, non-drowsy version of Sen. Orrin Hatch. And boy do we need it now."
Snooze factor aside, rumors abound that there might be a movie made about Sotomayor's life. The Daily Beast takes that speculation a bit further. Sotomayor played by Sara Ramirez of "Grey's Anatomy"? Chief Justice John Roberts played by Bill Pullman? Justice Antonin Scalia played by Danny DeVito? Check out their dream cast picks here.
-Beth Davidz, AP reporter, Washington
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Thur Jul 16, 1:43 am ET
So, after three full days of Sonia Sotomayor's confirmation hearing, what's left?
-Senators' opening statements. Check.
-The nominee's opening statement. Check.
-Round 1 of senators' questions. Check.
-Closed session to review the nominee's FBI file. Check.
-Round 2 of senators' questions. Not quite.
The hearing will convene at 9:30 a.m. EDT, with senators continuing to question the nominee. Chairman Patrick Leahy, D-Vt., is urging the remaining questioners to use less than their allotted 20 minutes of time. He's trying hard to make sure he can gavel the hearing closed Thursday. But senators can't seem to help themselves when the cameras are rolling, so there's no telling when they'll stop talking -- and move on to the next portion of the hearing. Public witnesses still haven't been heard and both sides have a bunch lined up to speak for and against Sotomayor.
So at this point, it's anyone's guess how much more we have to endure. Because frankly, there've been few fireworks -- and there's little suspense. Barring a last-minute surprise, Sotomayor is all but certain to be confirmed.
-Liz Sidoti, AP reporter, politics
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Thur Jul 16, 1:32 am ET
Sen. Al Franken got some chuckles at Judge Sonia Sotomayor's confirmation hearing with a cheeky observation about Perry Mason: "It amazes me that you wanted to become a prosecutor based on the show, because in Perry Mason the prosecutor on that show lost every week" except for one episode.
Grilled further, Sotomayor couldn't remember which episode -- and neither could Franken.
We used our crack investigative skills to find the culprit, "The Case of the Deadly Verdict," which aired in 1963. And there's a twist: It stars an actor named Franken.
Who is this other Franken? We called up Stephen Franken, a working actor who most recently starred in "Angels & Demons," to find out.
His bombshell? "I can tell you Al Franken is my cousin. His father and my father were first cousins."
If we were Perry Mason, we might say that Al Franken should have been more familiar with the episode in question. But cousin Steve doesn't remember it too well, either. "All I can remember is that I had to wear high heeled shoes and I'm a small man -- I wound up wearing the same high-heeled shoes Jack Lemmon wore in 'Some Like it Hot.'"
The other Franken played the villain and made his escape because he was wearing a raincoat and only seen from behind. Does the actor think the Senator can take any lessons from Perry Mason?
"Live a long life and stay in the Senate for a very long time. Perry Mason has a long run and I hope he does, too."
Oh, and one more thing: "Can you please tell Al that I'm in seventh heaven about his being seated in the Senate? We haven't talked in a couple of years, but I'm absolutely thrilled and excited by his election."
-Lisa Tolin, AP editor, with research from Rhonda Shafner
Perry Mason (AP Photo/USPS)
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Gay Marriage: new topic, old case
Thur Jul 16, 1:30 am ET
Three days into the hearing, the issue of same-sex marriage was raised for the first time -- in the context of a 37-year-old court ruling that Judge Sotomayor said she'd need to brush up on.
It's called Baker v. Nelson, and involves a 1972 ruling by the Minnesota Supreme Court that said it was OK to prohibit gay marriage. The two University of Minnesota students who wanted to marry -- Jack Baker and Michael McConnell -- appealed to the U.S. Supreme Court, contending that their constitutional rights were being violated.
The high court dismissed the appeal "for want of a substantial federal question" and the decision became a binding precedent for lower federal courts. In essence, the court was saying that a state's decision on same-sex marriage doesn't raise federal constitutional issues.
But the whole question may come back before the Supreme Court again before long. Several lawsuits are in the works challenging the federal Defense of Marriage Act, which prohibits federal recognition of the same-sex marriages that six states have now legalized.
-David Crary, AP national writer, New York
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