page_title: Sonia Sotomayor Supreme Court nomination
section_title: Day 2 (July 14)
hierarchical_section_title: Sonia Sotomayor Supreme Court nomination / Confirmation hearing / Day 2 (July 14)
caption_attribution_description: Sonia Sotomayor on the second day of confirmation hearings on July 13, 2009.
context_page_description: 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 68–31 vote and was commissioned by President Obama the same day. She was sworn in by Chief Justice John Roberts on August 8, 2009.
  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.
context_section_description: 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."
  Senator Chuck Grassley (R-IA) again questioned his interpretation that her statements meant she was ruling by her feelings or experiences rather than by law, by stating that the "job (of Supreme Court Justice) is not to impose their own personal opinions of right and wrong." Sotomayor assured him that she did not. During one of Sotomayor's answers to Grassley, a protester notably erupted, shouting anti-abortion statements that accused Sotomayor of being a "baby killer" and to "save the babies." Grassley then joked that "people always say I have the ability to turn people on," after the heckler had been taken out of the room and arrested by police.
  Senator Russ Feingold (D-WI) then questioned her on "post-9/11 policies," as well as her opinions on such cases as the Court's decisions in Rasul, Hamdi, Hamdan and Boumediene. Sotomayor responded that "the events of that day [...] were sometimes used to justify policies that depart so far from what America stands for" and that "A judge should never rule from fear."
  Senator Jon Kyl (R-AZ) once again raised the point of judging based on personal feelings or experiences by noting President Barack Obama's comment that judges rulings may be influenced by what's in their hearts. Sotomayor responded by saying that "[she] wouldn't approach the issue of judging in the way the president does." It was the first time that Sotomayor publicly attempted to distance herself from the president. Kyl also again referenced her "wise Latina" quote, and she again stated that it was meant to inspire young Latino students. Sotomayor also made clear that "if you look at my history on the bench, you will know that I do not believe that any ethnic, gender or race group has an advantage in sound judging." Senator Leahy
caption: Sotomayor before the Senate Judiciary Committee on July 14, 2009.
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