On May 26, 2009, President Barack Obama announced his selection of Judge Sonia Sotomayor for Associate Justice of the Supreme Court of the United States, to replace retiring Justice David Souter. Sotomayor's nomination was submitted to the United States Senate on June 1, 2009, when the 111th Congress reconvened after its Memorial Day recess. Sotomayor was confirmed by the U.S. Senate on August 6, 2009 by a vote of 68–31, and was sworn in by Chief Justice John Roberts on August 8, 2009, becoming the first Hispanic to serve on the Supreme Court.
When nominated, Sotomayor was a sitting judge of the United States Court of Appeals for the Second Circuit, a position to which she had been appointed by Bill Clinton in 1998. Earlier, she served on the United States District Court for the Southern District of New York, appointed by George H. W. Bush in 1992.
Nomination Potential candidates On May 1, 2009, David Souter announced that he would retire from the Supreme Court on June 29, at the start of Court's summer 2009 recess. He had served as an associate justice for 19 years. This was the first opportunity for President Barack Obama, who took office in January 2009, to fill a Supreme Court vacancy. The president and his advisors had begun preparing for this eventuality since before he was sworn in as president, during the transition. After Souter's retirement plans were announced, Sonia Sotomayor received early attention as the front-runner to succeed him. Others topping the various lists of most-likely candidates included: Elena Kagan, Diane Wood and Jennifer Granholm.
Announcement On May 26, 2009, President Obama announced that he would nominate Sotomayor to the court. In his prepared remarks, the president called Sotomayor "an inspiring woman," noting that she "has worked at almost every level of our judicial system, providing her with a depth of experience and a breadth of perspective that will be invaluable as a Supreme Court justice." The nomination was formally received by the Senate on June 1, and was subsequently referred to the Judiciary Committee.
Response to the nomination Senate Judiciary Committee chair Patrick Leahy said he expected Sotomayor to be in the "mold of Justice Souter, who understands the real-world impact of the Court's decisions, rather than the mold of conservative activists who second-guess Congress." Fellow Democrat Russ Feingold said that "from all accounts, she is a highly qualified and very experienced judge."
Pat Roberts was the first Republican senator to officially come out against the nomination: "With all due respect to the nominee and nothing personal, I do not plan to vote for her. I did not feel she was appropriate on the appeals court. Since that time, she has made statements on the role of the appeals court I think is improper and incorrect.". Among the few Republicans who publicly supported the nomination was Olympia Snowe, who said of the nomination, "I commend President Obama for nominating a well-qualified woman, as I urged him to do during a one-on-one meeting on a variety of issues in the Oval Office earlier this month".Senate Reaction: Olympia Snowe on Sotomayor.
Former President George H. W. Bush defended Sotomayor and blasted former Speaker of the House Newt Gingrich and conservative radio host Rush Limbaugh for accusing her of being racist, calling it "not fair" and "not right". Bush also lauded Sotomayor for her "distinguished record on the bench" and stated that she was entitled to a fair hearing. Accusations of racial bias stemmed from a 2002 publication, in which Sotomayor said that she "would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." In her 2009 confirmation hearings, she distanced herself from the 2002 statement, saying "I do not believe that any racial, ethnic or gender group has an advantage in sound judging. I do believe that every person has an equal opportunity to be a good and wise judge, regardless of their background or life experiences."
Additionally, Al Sharpton called the nomination "prudent, groundbreaking and the right choice at this time in our nation's history as we face serious constitutional and legal questions that will impact the lives of Americans for decades to come." Cecile Richards, president of pro-choice group Planned Parenthood, said "What our nation needs from our Supreme Court justices is a deep understanding of the law, an appreciation of the impact of the court's decisions on everyday Americans, and a commitment to the protection of our individual liberties. Judge Sotomayor will bring this dedication and commitment with her to the bench." Randall Terry, founder of the pro-life group Operation Rescue, urged Republicans to block a Senate vote on Sotomayor saying, "Do GOP leaders have the courage and integrity to filibuster an activist, pro-Roe judge?" Larry Klayman, founder of the conservative groups Freedom Watch and Judicial Watch, offered guarded praise: "While I would have liked to see a more conservative libertarian type on the high court, President Obama's selection of New York federal appeals court Judge Sonia Sotomayer was a very prudent and wise decision from a far left liberal like Obama. Having initially been appointed to the bench by President George H. W. Bush, soon to be justice Sotomayer has previously pledged to follow the Constitution, and not legislate from the bench, and her career as a federal court judge suggests, as a whole, that this is the way she will administer to the law.""Legal conservative praises Sotomayor", MSNBC, May 26, 2009 (accessed 28 May 2009) Wendy E. Long, counsel for the Judicial Confirmation Network says "Judge Sotomayor is a liberal judicial activist of the first order who thinks her own personal political agenda is more important than the law as written. She thinks that judges should dictate policy, and that one's sex, race, and ethnicity ought to affect the decisions one renders from the bench." Tom Tancredo, former Republican U.S. House member, appeared on CNN to voice his opposition to the nomination. When Rick Sanchez asked him if Sotomayor was a racist, Tancredo replied, "Certainly her words would indicate that that is the truth".
Judiciary Committee review
Confirmation hearings
In late May 2009, President Obama indicated that he wished to see Sotomayor confirmed by the beginning of the Senate recess on August 7, 2009.Obama Wants Sotomayor Confirmed Before August Recess, Paul Kane, Washington Post, May 26, 2009 Her confirmation hearings before the Senate Judiciary Committee began on July 13, 2009. From July 13 through July 16, she underwent multiple rounds of questioning by each member of the committee.
Day 1 (July 13)
When the Judiciary Committee convened on July 13, Senator Charles Schumer proclaimed that the opportunity that Sotomayor has could not have happened "anywhere else in the world", saying that America is "God's noble experiment".Sotomayor hearings to begin July 13, MSNBC (June 9, 2009). Out the many notable speakers, the Committee also welcomed newly sworn in Senator Al Franken (D-MN), who marked his first Judiciary hearing on the committee since he was sworn in five days earlier. Two senators' statements were disrupted by hecklers. An unidentified man hollered, "What about the unborn?" during Dianne Feinstein's (D-CA) speech. Norma McCorvey, the "Jane Roe" in the Roe v. Wade Supreme Court case about abortion rights, and Francis Mahoney, both yelled during Franken's opening statement. McCorvey and Mahoney were arrested, along with Robert James and Andrew Beacham. Leahy warned spectators to behave themselves and not to express any outbursts for or against Sotomayor or senators.
While committee Democrats generally praised Sotomayor, Republicans expressed skepticism about Sotomayor's ability to be judicially impartial. Senator Jeff Sessions (R-AL) brought up Sotomayor's membership in the Puerto Rican Legal Defense and Education Fund as concern over Sotomayor's decision in reviewing the district court case Ricci v. DeStefano. In that case, a three-judge panel that included Sotomayor ruled that a promotion test for firefighters in New Haven, Connecticut was discriminatory and thus void. A few weeks prior to the Sotomayor confirmation hearings, the Supreme Court reversed the decision.
Sotomayor began by thanking the 87 senators she "has the pleasure" of meeting and her family, including her mother, who joined her in the hearing. Sotomayor also said she was "very humbled" to be nominated, noting also she had seen the American judiciary system from many different perspectives. During her speech, she commented, "The task of a judge is not to make the law, it is to apply the law." Alexander Bolton of The Hill attributed such a pledge to George W. Bush-nominated Justices John G. Roberts and Samuel Alito. During her speech, Sotomayor also narrated her life story from her high school years while she lived in the projects, praising her mother: "She set the example, studying alongside my brother and me at our kitchen table so that she could become a registered nurse."
Day 2 (July 14) On July 14, 2009, the first round of questioning began. Committee Chairman Patrick Leahy (D-VT) began the session, and largely focused on Sotomayor's judicial record. The nominee took the opportunity to explain her ideals, and described herself as impartial and deferential to precedent, noting "It's important to remember that, as a job, I don't make law." Leahy then concentrated on the "Tarzan burglar" case, which Sotomayor prosecuted as assistant district attorney in Manhattan during the early 1980s. Sotomayor tied a series of incidents together and persuaded the trial judge to let her try the burglar on a number of crimes in one case. Leahy also gave Sotomayor the opportunity to explain her ruling in the Ricci case, which the Supreme Court overturned after a ruling by a panel of which she was a member. Sotomayor stated that the ruling was based on precedent, and that it would have come out differently in light of the standard subsequently established by the Supreme Court on appeal.
Ranking Republican Jeff Sessions (R-AL) then began questioning, and notably referenced her "wise Latina" remark. Sotomayor stated that it was "meant to inspire" young people of Latino ancestry, and that she "was trying to play on Sandra Day O'Connor's words. My play fell flat. It was bad."
Sotomayor was then questioned by Senator Herb Kohl (D-WI), who questioned her stance on abortion. She responded by noting that "there is a right to privacy," and that Roe v. Wade is "settled law." Kohl also inquired about her stance on the Bush v. Gore case, which stopped the recount during the 2000 election.
In regard to her comments about her personal experiences and sympathies when interpreting the Constitution, Senator Orrin Hatch (R-UT) questioned her ability to rule on issues such as the second amendment. Sotomayor answered by stating that she has ruled in favor of the second amendment, and that she personally has friends who use guns for hunting.
Senator Dianne Feinstein (D-CA) next highlighted key experience points that she had assessed over her sixteen years on the committee. Feinstein then argued against claims that Sotomayor was an "activist judge", referencing the Ricci case, in stating that conservative members of the Supreme Court have been the real activists in "discarding judicial precedents in recent years."