51 seconds ago 2009-12-08T21:09:23-08:00
AP Washington bureau chief Ron Fournier asked what you thought about Sen. Al Franken's debut at the Sotomayor hearings:
AP_Courtside: Did Franken compare #Sotomayor to Perry Mason? On first day in a major public spotlight, should he be leading with a TV reference? #rftalks
GottaLaff: Yes, loved it. He's bringing up great subjs
AP_Courtside: He's giving us a Laff: "Didn't the White House prepare you?" Will #Franken have a hard time being taken seriously? #rftalk
p_dove: yeah I'd say perry mason was bad move... would have been better for him to be sleep inducing than to not realize has new job
p_dove: makes the whole thing look like a sham, or trivial. These are big issues. What next? Foreign policy questions on freedonia?
AP_Courtside: Interesting point. Freedonia! Seriously, could you see #Franken on the Supreme Court some day? #rftalk
p_dove: physically ON the building? sure, with a ladder. ON the court? unnecessary-- Nino plenty witty, and lawyer to boot.
-Burt Herman, AP Editor
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Comedic techniques, serious business
Wed Jul 15, 4:33 pm ET
He may no longer be a working comic but Sen. Al Franken employed some classic comedic techniques at Judge Sonia Sotomayor's confirmation hearing.
He got chuckles in his first minute -- as all comics are trained to do -- by describing how he watched Perry Mason shows on television just like Sotomayor. Comedy 101: You have to get a good laugh quickly to win over the crowd. Once they like you, they laugh more easily the rest of the act.
And he won big laughs at the end with what comics call a callback, a decision to recall a subject that has already brought laughs in the hopes that it can score even bigger laughs again.
He asked Sotomayor why she could not recall specifics about the one case that Perry Mason lost.
"I know I should remember," Sotomayor answered.
And then Franken, a Minnesota Democrat, let out the zinger.
"Didn't the White House prepare you for that?" he said to loud laughter throughout the room, including from Sotomayor.
Later, when they resumed the hearing, Franken got big laughs when he offered to give his mic to Leahy when his was not working. People thought he was joking, but he was serious and switched seats with the chairman. And he set up another senator for a funny line: "That's the quickest rise of any senator in history."
-Larry Neumeister, AP federal court reporter (and trained comedian)
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The scorecard: Winners and losers
Wed Jul 15, 4:18 pm ET
Sonia Sotomayor is probably headed to the Supreme Court, but not unscathed. Her Republican rival, Sen. Jeff Sessions, took advantage of the national spotlight, but got singed by it, too.
There are political winners and losers in every nomination fight. And sometimes they're the same people. Here's our first scorecard from the AP's reporters:
WINNERS:
Sotomayor. So far, at least, she's looking like a very wise Latina. Confident, smart, unflappable, and deftly laying the groundwork for good relations with those likely to soon be her fellow justices on the Supreme Court. -Nancy Benac
Sessions. A critic of Sotomayor with his own history of racism allegations, Sessions walked a fine line but came across as aggressive without being mean or insensitive. The Alabama Republican made the case against Sotomayor without the votes to derail her confirmation. -Julie Hirschfeld Davis.
Sen. Lindsey Graham, R-S.C. He wins the prize as the most quoted senator at Sotomayor's confirmation. "Unless you have a complete meltdown, you're going to get confirmed," Graham told Sotomayor. He also said elections have consequences, a deft way of acknowledging her all-but-certain confirmation. -Jesse J. Holland
LOSERS:
Sotomayor. She heads toward confirmation as caricature, remembered as much for her "wise Latina" quip and her ruling against white firefighters than anything she's accomplished in the past. Maybe even the future. The Supreme Court is a low-profile job so this is likely her longest stretch on the public stage. -Ron Fournier
Sessions. Wondering outloud about Sotomayor's racial biases made Session's past relevant, and front-page news. Sessions was blocked from the federal bench himself two decades ago for making insensitive remarks about the Ku Klux Klan and the NAACP. -Ron Fournier
Graham. The South Carolina Republican seemed to try too hard to outsmart and outwit the nominee. -Merrill Hartson
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What you didn't hear when the mic was off
Wed Jul 15, 4:00 pm ET
Al Franken is chairman of the Senate Judiciary Committee! And after just a week in office! "The quickest rise of any senator in history," reported the lead Republican, Sen. Jeff Sessions of Alabama.
Kidding.
The Minnesota Democrat switched seats for a moment with Sen. Patrick Leahy of Vermont, the real chairman of the panel, when Leahy's microphone briefly went out. What followed was a classic confirmation-hearing absurdity worthy of Franken's alma mater, "Saturday Night Live."
First, Leahy called the hearing back to order after a break. But from his chair at the head of the dais, he began reading an opening statement -- into a dead microphone. Here's what the TV audience could n't hear:
Leahy: "It's off? It says 'on.' Jeff, does yours work?"
"One, two three," Sessions said into his microphone -- also dead.
Sen. Herb Kohl, who rarely uses his microphone anyway, tapped away at the useless instrument on his desk.
Suddenly, a familiar voice showered upon the audience over the sound system. "I think mine works," Franken said, lobbying a generous offer to the chairman with all the seniority Franken lacks. "I'll change places with you."
Leahy demurred. "The chairman doesn't get paid anything extra," he said. Then he reconsidered. "Al, I'll use yours," Leahy said, walking to the junior end of the dais. He sat. He spoke -- and Franken's microphone didn't work.
Meanwhile, Franken was reconsidering his seat at the helm of the panel. "I shouldn't do this," Franken said, getting up. "No, stay right there," Leahy ordered.
Franken defied him and sought out another seat until the microphones got fixed.
-Laurie Kellman, AP reporter, Congress
Sen. Al Franken (AP Photo/J. Scott Applewhite)
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Wed Jul 15, 3:30 pm ET
New Sen. Al Franken got his first laugh in the Senate this afternoon.
The former comedian sat quietly through nearly three full days before finally getting to ask questions at the Sotomayor hearing. At the end, he asked her if she remembered the name of the one case that TV lawyer Perry Mason lost.
Sotomayor said the show inspired her to become a prosecutor, but "I wish I remembered the name of the episode."
"Didn't the White House prepare you?" Franken asked, to laughter from the committee, nominee and crowd.
"Yes, but I had a lot of cases to review," Sotomayor said.
Chairman Leahy then asked Franken what the name of the episode was.
"I don't know. If I knew I wouldn't have asked her."
We checked. It's "The Case of the Deadly Verdict."
-Larry Margasak, AP reporter, Congress
Sen. Al Franken (AP Photo/Charles Dharapak)
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Wed Jul 15, 3:25 pm ET
So the closed-door part of the Sotomayor hearing is in the building next door, the Dirksen Senate Office Building. Sotomayor and the members of the Senate Judiciary Committee are there now to talk about her FBI background check and any private or medical information they need to review.
They're actually meeting in the room (Dirksen 226) where they will convene to decide on the committee vote on Sotomayor -- probably next week, but any senator can ask for a one-week delay in a confirmation vote in committee.
The Dirksen room is much, much smaller than the hearing room in the Hart building. So the only ones allowed inside are senators, their staff, Sotomayor and some of her handlers. One thing we can bet they're asking about is her diabetes. Medical questions like that cannot be asked in public, so they had to wait until this private meeting to pose them to her.
-Jesse J. Holland, AP reporter, Supreme Court
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The public's take: abortion and the court
Wed Jul 15, 3:18 pm ET
Polls taken around the time of previous Supreme Court nominations typically found a small majority of Americans who said that nominees should be required to state their positions on abortion. For example, 55 percent said that about Samuel Alito in a 2005 Quinnipiac Poll, and 52 percent said that about John Roberts in a 2005 AP-Ipsos poll.
We don't know of any polls that have asked it about Sotomayor, so we don't know for sure what the public would say this time.
We do know that a slim majority of Americans say they generally think abortion should be legal under most circumstances. We last measured that in an AP-GfK poll just a few weeks ago, when 51 percent of those polled said abortion should be legal in most cases. Some 45 percent said abortion should be illegal in most cases. The American public's views on abortion have remained remarkably stable in the past few years, though nuances in how questions are framed can produce different results.
-Trevor Tompson, AP polling director, Washington
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Wed Jul 15, 3:03 pm ET
Al Franken made an observation rather than make a joke.
The new Democratic senator from Minnesota -- and former Saturday Night Live comedian -- told Sonia Sotomayor that he, like her, was a fan of the old Perry Mason TV show. Then he added: "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, he said. "That says something about your determination to defy the odds."
Franken said both he and Sotomayor watched the show with their families, she in the South Bronx and he in his suburban hometown, "and here we are today." He added: "I think that's pretty cool."
-Larry Margasak, AP reporter, Congress
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Wed Jul 15, 2:55 pm ET
It wouldn't be a confirmation hearing without one of Sen. Arlen Specter's signature backhanded compliments.
The moment came after a string of exchanges in which Specter pressed Sonia Sotomayor -- interrupted her, really -- to answer a question Republicans might have asked. It was about which branch should do most of the legislating, Congress or the court to which she is nominated.
He asked sarcastically, full-well knowing the answer, whether there is anything Congress can do when a nominee to the high court says one thing to the committee and does another once confirmed. Sotomayor tried to parry with a statement about how separate branches are a "beautiful thing."
He cut her off. "Beauty is in the eye of the beholder," Specter remarked.
Then it was compliment time, sort of.
"Your record is exemplary," Specter began. "I'm not commenting about your answers, but your record is exemplary. And you'll be judged more on your record than your answers."
-Laurie Kellman, AP reporter, Congress
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Wed Jul 15, 2:51 pm ET
Arlen Specter, who switched from the Republican to Democratic party, is facing the possibility of a tough primary next fall in Pennsylvania. (Rep. Joe Sestak is his likely 2010 Democratic primary challenger.)
So, when questioning Sotomayor, Specter had to be especially careful he didn't anger Hispanics and women. Sotomayor would be the high court's third female justice and first Hispanic justice. Women in his state were upset when he attacked Anita Hill during the Clarence Thomas hearings.
This time, Specter tried to insulate himself -- he said he can see how Hispanics could take pride at a Hispanic woman asserting herself.
-Larry Margasak, AP reporter, Congress
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Wed Jul 15, 2:48 pm ET
It seems Sonia Sotomayor's "wise Latina" comments are catching on. The phrase has spawned a new line of merchandising, with Wise Latina T-shirts, teddy bears, journals, onesies and even thongs.
And then there's the spinoff, "My Mother is a Wise Latina," line of T-shirts and mugs -- but thankfully no thongs.
Wise Latina merchandise
My Mother is a Wise Latina merchandise
-By Laura Wides-Munoz, AP Hispanic affairs writer, Miami
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An animated Arlen is a happy Arlen
Wed Jul 15, 2:45 pm ET
So maybe he's a low-ranking Democrat now and not the chairman. So maybe he's pushing 80. One thing is clear: Sen. Arlen Specter, back on the Judiciary Committee for yet another Supreme Court confirmation hearing, seems to be having the time of his life.
He schmoozed with Sonia Sotomayor's mother beforehand. He smiled like a little boy when his questions started. He directed his portion of the questioning like a political Cecil B. DeMille. He tossed in Specterian compliments -- "I'm not commenting about your answers but your record is exemplary" -- and showed that an approaching winter hasn't dimmed a fierce legal mind. There was pleasantry and pushiness, toughness and deference.
And then the grizzled veteran smiled and wrapped up, and the freshman -- Al Franken -- took center stage.
-Ted Anthony, AP National Writer
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Columnist: Sotomayor is no Sandra Day O'Connor
Wed Jul 15, 2:40 pm ET
A few questions for William McKenzie, a progressive conservative columnist for The Dallas Morning News:
Q: What is your general reaction to the hearing so far?
A: If Obama is looking for a Souter-like replacement to shore up that center-left faction of the court, then he's found her She will be a pretty predictable left-of-center member of the court, which I assume is what Obama wants.
Q: Did any Republicans stand out? Could any use this to launch a 2012 presidential campaign?
A: Hatch was brilliant with his legal questioning, but his day has come and gone.
I think (Sen. Lindsey Graham of South Carolina) elevated himself. But that's 3½ years away, and it's tough to use a great sound bite 3½ years later to run for president. But he's plain speak -- not wooden and using clichés -- and that's what Republicans need.
Q: How do you think the regular people, especially Republicans in red states are viewing the hearing?
A: I think most people get very confused in these proceedings because it gets so technical. I think they size up the person.
I'm sure most Republicans who look at her, would think she's not the best nominee. But what do they expect? Obama won. I would have liked him to pick another O'Connor. I don't see her at all being a Sandra Day O'Connor and going back and forth and helping the court find the center. Kennedy is the only justice who does that, and that's a shame. I'd like to see more justices who could help us find the center in a center-left era. I don't see Sotomayor being that person, but I may be wrong.
Q: Do Republicans in states with significant Hispanic populations need to walk a tightrope politically on this nomination?
A: I think it's a big issue for (Sen. John) Cornyn (of Texas). I fully expect Cornyn to vote against her. Given the immigration battles of two years ago, at some point Cornyn has to consider an electoral calculus.
This state is changing. (Hispanics are) a natural constituency for Republicans to win, as Bush did. If (Cornyn) votes against Sotomayor and he votes against immigration reform again, it looks like he's just going with the base.
Go to William McKenzie's column archive here.
-Michael Giarrusso, AP editor
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Wed Jul 15, 2:31 pm ET
Say this for the party-switching Pennsylvania senator: Arlen Specter is never boring.
The Democrat may be sandwiched between freshmen with his seniority stripped, but no one would mistake him for a junior senator.
Specter, 79, is plowing through his 30 minutes of questioning time like the prosecutor and former chairman he once was, cutting off Sotomayor when she strays off topic or even hems and haws. ("I know you're not going to answer ... so we'll move on," he said at one point.) He chaired the previous two Supreme Court confirmation hearings, which is one more than current Chairman Patrick Leahy has. He's also been the lead Republican questioner, a post now held by Sen. Jeff Sessions, R- Ala.
If his confident manner doesn't tip off people to his experience and no-nonsense style, this might: "I was the chairman who wasn't notified," he said at one point, referring to the Bush administration's terrorism fighting programs.
-Laurie Kellman, AP reporter, Congress
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Wed Jul 15, 2:25 pm ET
Judiciary Committee Chairman Patrick Leahy noticed that Sonia Sotomayor's mother -- after sitting silently for two and a half days -- didn't return from lunch.
"Judge, what did you do with your mother?" he asked. Sotomayor smiled and said: "She needed a short break -- but it wasn't because of Sen. Specter or Franken."
Arlen Specter and Al Franken are the final senators to speak in the first round of questioning.
-Larry Margasak, AP reporter, Congress
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Wed Jul 15, 2:18 pm ET
At the lunch break, we did a quick interview with our -- your -- reporter in the Sotomayor hearing room today, veteran AP congressional reporter Larry Margasak. Here's the exchange.
Q: What's your take on what happened this morning?
A: Republicans kept up the theme that her speeches smacked of judicial activism and tried -- unsuccessfully -- to smoke out her views on gun ownership and abortion. They were playing to their conservative audience, knowing full well that they wouldn't get answers. They hope they didn't do anything to anger Hispanic voters. Democrats threw softballs that allowed her to explain her thinking, including her reasons for an appeals panel's very brief ruling overturning a New Haven firefighters test. Democrats also were playing to Hispanic voters, saying repeatedly how proud they were that someone with such a great American story was sitting before them.
Q: Any big surprises or memorable moments?
A: Tom Coburn had some clever questions. Instead of asking if she was ready to overturn Roe v. Wade, she asked Sotomayor what she would do if a woman was 38 months pregnant and the fetus developed spina bifida, which can cause paralysis and is often associated with brain damage.
When questioning her about gun control, he asked if he personally had a right to defend himself. Sotomayor refused to bite on the abortion question. And she said the gun question depends on the circumstances.
Shooting someone after the immediate threat was over, she said, wouldn't be legal.
Q: What were the Republicans trying to accomplish? Did they succeed?
A: Their conservative audience would probably think so. However, if they were expecting a meltdown, it didn't happen. Sotomayor never got rattled.
Q: How about the Democrats? Did they succeed?
A: Yes, but their job is easy. They only have to praise her to satisfy their base.
Q: Sotomayor seems to actually be pretty comfortable in that chair. How do you think she's handling Day 3?
A: She is totally calm and prepared. She gestures with her hands. She's quick with responses. She hasn't made any blunders. She even joked briefly with one of the most conservative Republicans, Coburn.
-Liz Sidoti, AP reporter, politics
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Wed Jul 15, 1:54 pm ET
So what does Sen. Tom Coburn have to say about his quip telling Sotomayor she'd have some "'splainin' to do"? His spokesman John Hart e-mailed this:
"I suspect Justice Sotomayor will not appreciate reporters ginning up an ethnic controversy on her behalf. Judge Sotomayor was, in a light-hearted manner, discussing shooting Dr. Coburn with a gun in the context of a serious discussion about the right to self defense and the Second Amendment. If Judge Sotomayor was offended by Dr. Coburn's light-hearted response I'm sure Dr. Coburn will apologize to her."
And yes, he called her "Justice." We suspect that was a typo -- not anticipating her confirmation.
-Jesse J. Holland, AP reporter, Supreme Court
Sen. Tom Coburn (AP Photo/Ron Edmonds)
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Up next: the comedian and the prosecutor
Wed Jul 15, 1:35 pm ET
In a multi-day hearing that's been fairly fireworks-free, this afternoon should offer up some interesting exchanges -- and maybe even a bit of levity.
It's lunchtime in the hearing room right now but the senators and the nominee will return at 2 p.m. EDT. The first round of questioning will end with perhaps the two most-anticipated questioners -- Sens. Arlen Specter and Al Franken.
Be forewarned: Both are Democrats. But one, Specter, is unpredictable, and the other, Franken, is untested. So, even if you're bored, it may be smart to stay tuned.
Specter is a former Judiciary Committee chairman. The Pennsylvania senator was a Republican for decades -- until recently, when he crossed over the aisle. Yet, he also has a fierce independent streak and is a master in questioning witnesses. That means he's sure to be thorough in questioning Sotomayor -- and fun to watch.
Franken has been a senator for just a few days. He's a former "Saturday Night Live" comedian out to prove that he takes his new career seriously. So there won't be many laughs -- but count on at least a grin or two from this Minnesota senator. Funny is this guy's nature.
-Liz Sidoti, AP reporter, politics
Sen. Arlen Specter and Sen. Al Franken (AP Photo/Ron Edmonds)
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Wed Jul 15, 1:30 pm ET
Nothing like a little schmoozing before a senator heads to the cameras.
After Chairman Patrick Leahy recessed for lunch, Democratic Sen. Arlen Specter made a beeline for Sotomayor's family. Finding her mother Celia, he remarked, "She's as beautiful as you."
Then he split for the lectern -- and the bank of cameras lined up outside the room.
-Laurie Kellman, AP reporter, Congress
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Wed Jul 15, 1:25 pm ET
How to explain what appeared to be a shout-out to Ricky Ricardo of "I Love Lucy" fame by Sen. Tom Coburn? We're asking for your feedback via @reply on Twitter to @AP_Courtside about the comment to Sotomayor that "You'll have a lot of 'splainin' to do."
Some of your comments:
ranggrol: @AP_Courtside - My take on it is that the only Hispanic that Sen. Coburn has ever known is Desi Arnaz. (He's the actor who played Ricardo on the show.)
KerryMalone: Ugh.
nsjones11: @AP_Courtside Coburn comment was in jest. I Love Lucy is a wonderful part of our pop culture national fabric. Quoting The Beatles: Let it Be
User @gillman75 took issue with the AP's story about it, we asked for elaboration.
gillman75: AP's article seemed to say "yeah, sure it was inappropriate, but he doesn't know any better" guy's a senator.
gillman75: If someone had said to Clarence Thomas that his testimony was "DY-NO-MITE!" it would have been rightly called racist, no?
Keep the feedback coming to @AP_Courtside.
-Burt Herman, AP editor
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Wed Jul 15, 1:15 pm ET
Sen. Amy Klobuchar, D-Minn., just couldn't resist a little sports talk -- and hometown pandering. As she ended her questioning period, Klobuchar asked Sonia Sotomayor if she watched the All-Star game on Tuesday night.
"I haven't seen television for a very long time," the die-hard Yankees' fan and Supreme Court nominee responded. Then she added: "I will admit I turned it on for a very short time."
Klobuchar pointed out that New York Yankee's shortstop Derek Jeter was in the game. Then the senator made sure to point out for Sotomayor -- and constituents back home -- that Joe Mauer, a catcher for the Minnesota Twins, got a key hit. (Baltimore's Adam Jones drove in the winning run with a sacrifice fly.)
Lest he miss a chance to put in a plug for New England's favorite team in Boston, Senate Judiciary Committee Patrick Leahy, a Vermonter, quipped that "I'm resisting any Red Sox comments."
-Larry Margasak, AP reporter, Congress
(This version CORRECTS that Jones drove in the winning run, not Jeter.)
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Wed Jul 15, 12:30 pm ET
Sonia isn't the only Sotomayor biting her tongue
The Supreme Court nominee has kept her cool amid tough questions from Republicans. We know that. Now we know her mother has forced herself to be mum, too.
Sen. Amy Klobuchar, D-Minn., said she ran into Sotomayor's mother, Celina, in the bathroom during a break in the action. "I can tell you there's plenty she'd like to say," the senator told the nominee.
"Senator, don't give her the chance," Sotomayor quipped.
"The chairman is tempted, let me tell you," piped up Sen. Patrick Leahy, D-Vt.
-Ron Fournier, AP Washington bureau chief
Celina Sotomayor (AP Photo/Ron Edmonds)
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