Sotomayor Hearings Feature Debate Over Role of Judges

Because the Supreme Court has the final say on most questions of law and the Constitution and justices are appointed for life, naming a judge to the nine-member court is one of a president's most powerful acts. 

After Justice David Souter announced his retirement this spring,  President Obama chose Judge Sotomayor of the United States Court of Appeals for the Second Circuit, an important federal court.

Before she can serve as a Supreme Court justice, Sotomayor must win the approval of the Judiciary Committee and the entire U.S. Senate in what is called the confirmation process.

The Supreme Court has eight associate justices and one chief justice.  The two most recent additions to the court are Associate Justice Samuel Alito and Chief Justice John Roberts, who were both nominated by President George W. Bush.  Supreme Court Justices serve for life, or until they decide to retire.

Republicans grill Sotomayor on her past statements

	Despite tough questions, Senator Lindsey Graham acknowledged that Sotomayor would probably be confirmed.

Republicans on the judiciary committee asked Sotomayor tough questions about past rulings and controversial statements she has made in speeches.

Republicans focused on a section of a speech Sotomayor gave in 2001 in which she said that a “wise Latina” judge could reach a better conclusion than a white male judge.

Republican Senator Lindsey Graham of South Carolina suggested that he would be in political trouble if he made statements similar to Sotomayor because he would be seen as a racist.

“If Lindsey Graham said that I will make a better senator than X because of -- my experience as a Caucasian male makes me better able to represent the people of South Carolina, and my opponent was a minority, it would make national news, and it should,” he said.

Sotomayor responded by saying that she made a poor choice of words, however, she stood by her opinion that judges' life experiences help them understand positions of people who come before the court.

Senate Democrats on the committee were less harsh on the nominee, often complimenting her on her career and accomplishments.

Sotomayor would be first Hispanic justice

	In her opening statement, Sotomayor thanked her mother Celia (right), for the sacrifices she made to send her daughter to law school.

If confirmed, Sotomayor would be the third female justice and the first person of Hispanic descent to sit on the high court.

The daughter of Puerto Rican parents, raised by her single mother in a housing project in the Bronx neighborhood of New York City, Sotomayor has frequently cited her mother as her inspiration.

Sotomayor would not alter the balance of the court, since she would replace Souter, who generally sided with the liberals on key 5-4 rulings.

But at 54, she would be one of the younger judges and her writings suggest that she would provide a sharp counterpoint to some of the outspoken conservative judges.

Senate fulfilling constitutional role

	The Senate Judiciary Committee is responsible for questioning all federal judges appointed by the president.

After the committee holds hearings, it will vote on whether to recommend Sotomayor for confirmation by the entire U.S. Senate, which consists of two senators from every state.

Like other federal judges who must be confirmed by the Senate, Sotomayor needs 51 votes to be confirmed.  Because Democrats, most of whom are on Democratic President Obama’s side on major issues, control 60 seats in the Senate, it is very likely that Sotomayor will be confirmed.

The Senate is given the power to confirm judicial nominees from Article II, Section 2 of the U.S. Constitution, which says that the Senate must advise and consent on treaties and judicial nominees to federal courts.