CQ TODAY ONLINE NEWS
– LEGAL AFFAIRS
May 28, 2009 – 5:36 p.m.
Senators Vetting Sotomayor, Exploring Confirmation Schedule
By Kathleen Hunter, CQ Staff
Senate Judiciary Committee staffers are busy vetting President Obama’s first Supreme Court nominee, but no major decisions about the confirmation process are likely to be made until the panel’s top Democrat and Republican return to Washington.
Judiciary Chairman Patrick J. Leahy , D-Vt., and the panel’s ranking Republican, Jeff Sessions of Alabama, are expected to meet in the coming days to try to reach agreement on how to handle Judge Sonia Sotomayor’s confirmation process.
“Sen. Leahy is old school and feels strongly about working together as much as possible on the schedule and other logistics,” Leahy spokesman David Carle said.
Leahy has been traveling in Iraq, Afghanistan and Pakistan this week and Sessions has spent the recess in Alabama. But the two men — who aides did not think Thursday had yet spoken to each other by phone — will return to Washington this weekend for a joint appearance Sunday on NBC’s “Meet the Press.” Aides predicted a meeting between the two men would follow shortly, but said no such meeting had been scheduled.
Vetting the Nominee
Meanwhile, the Judiciary Committee’s Republican staff has started examining Sotomayor’s public record — such as speeches and published legal opinions — in the initial stage of a vetting process that also typically includes the nominee’s written responses to a committee-generated questionnaire, confidential FBI reports and the committee’s own investigation.
In the hours after the nomination was announced, Republican and Democratic staffers collaborated to compose and send out late Wednesday a 10-page questionnaire for Sotomayor, a judge on the U.S. Court of Appeals for the 2nd Circuit, to compete and return to the committee.
Each party’s committee staff has been allocated an additional $300,000 to pay for staff work associated with the confirmation process. That’s the same amount that was provided for handling the nominations of Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. . Sessions’ staff has hired three lawyers to work on a temporary basis and likely will hire at least three more, a GOP aide said. The extra staff positions are funded through the first week of October.
Timing
How long to allow for the vetting process, when to schedule a hearing, how many days to devote to hearings, and how quickly the nomination will be reported out of committee are all timing-related questions that Leahy and Sessions are likely to tackle in their initial discussions.
“I would expect the timing to be the first issue that will have to be worked out by the ranking member and the chairman,” said former Republican Sen. Mike DeWine (1995-2007), an Ohioan who served on Judiciary for the Roberts and Alito confirmations, in September 2005 and January 2006 respectively. Obama and Majority Leader Harry Reid , D-Nev., both have said they would like the Senate to confirm Sotomayor in time for her to prepare for the court’s next term, which begins in October. That time frame would likely require a floor vote before the August recess begins.
But that would mean a floor vote would come earlier than it did during the Alito and Roberts confirmation processes, and that could prompt pushback from GOP senators. Minority Leader Mitch McConnell , R-Ky., and other Republicans have cautioned that senators need enough time to adequately review the record of Sotomayor, whom conservative talk-radio hosts and bloggers have portrayed as a “reverse racist,” for stressing the advantages of her Latina perspective, and a judicial activist intent on making policy from the bench.
“Timing is always a very important issue — you know, how long are you going to take before you start these hearings,” DeWine said.
In both the Roberts hearings — which stretched over four days — and the Alito hearings — which took five days — testimony from the nominee was followed by testimony from scores of independent legal experts.
No decisions have been made yet about who, besides Sotamayer, would testify at her confirmation hearing, aides said.
Recalling the Roberts and Alito hearings, DeWine said then-chairman Arlen Specter of Pennsylvania elicited “significant input” from Republican members, meeting frequently — both formally and informally — to discuss confirmation. Specter and Leahy, then the ranking Democrat on Judiciary, had a “very collegial relationship,” DeWine noted, and also kept in close contact. Specter relinquished his role as the top Republican on the committee when he switched parties in April.
A GOP aide said Sessions, who has had barely a month to settle into his new role as Judiciary ranking Republican, and Leahy had an initial discussion at a recent markup about the coming confirmation of a nominee to replace Associate Justice David H. Souter , who plans to retire at the end of the court’s current term.
Lobbying for Support
Another aspect of the pre-hearing dance is already under way. Sotomayor has begun reaching out to key senators to build support for her nomination, placing calls Wednesday to Reid, McConnell, Leahy and Sessions, said White House spokesman Robert Gibbs. Face-to-face “courtesy visits” with senators are expected to begin when the Senate comes back into session next week, Gibbs said. Sen. Charles E. Schumer , D-N.Y., has been tapped to help shepherd Sotomayor’s nomination through the Senate.
A courtesy visit with Sessions has not yet been scheduled, his spokesman Stephen Boyd said.
For now, Republicans — including Sessions, who was one of 11 sitting GOP senators who opposed Sotomayor’s nomination to the 2nd Circuit in 1998 — do not appear ready to pursue all means to block her nomination.
Sessions told CNN Wednesday he did not “sense” that Republicans were likely to try to filibuster or otherwise block the nomination, particularly if Republicans have adequate time to examine Sotomayor before they are asked to vote on her nomination.
“I committed before we had the nominee that any nominee that came before the committee, we were going to give a fair shake to,” he said. “We need to all have a good hearing, take our time and do it right, and then the senators cast their vote up or down based on whether or not they think this is the kind of judge that should be on the court.




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