CQ TODAY ONLINE NEWS
June 27, 2009 – 9:40 a.m.
Don’t Call It An Attack, Sotomayor Critics Say
By Keith Perine, CQ Staff
Senate Judiciary Republicans are performing a difficult balancing act as they intensify criticism of Supreme Court nominee Sonia Sotomayor in the run up to next month’s confirmation hearings.
From the outset, Republicans said they are interested in a fair, thorough and dignified confirmation process. But their minority role requires a rigorous probe of the speeches and judicial opinions of a nominee who could become the nation’s first Hispanic woman justice.
Texas Republican John Cornyn took exception when asked about GOP attacks on Sotomayor’s record on cases involving gun rights at a June 24 press conference.
“It is unfair to characterize what we are doing as an attack,” Cornyn said, adding, “We are committed to a fair and dignified process.”
Finding the right balance has proven most challenging for Alabama’s Jeff Sessions , the committee’s top Republican.
Sessions began the week of June 15 with a series of high-minded speeches focused on the proper role of judges. He quoted from the Federalist Papers and made little if any direct references to Sotomayor.
A week later, Sessions and other Republicans launched pointed critiques of Sotomayor’s views on gun rights and questioned her connections to a Latino legal advocacy group that Sessions said “has taken some very shocking positions with respect to terrorism.”
In another floor speech Thursday Sessions decried the influence of international law in American jurisprudence, saying Sotomayor, in a recent speech, “placed herself firmly on what I believe is the wrong side of this debate”
Democrats accused Republicans of a “fear and smear campaign” against the nominee. Ross Baker, a Rutgers University political science professor, said Republicans “are practicing the fine art of the non-denunciation denunciation.”
But Sessions—who was vilified and rejected by the Judiciary Committee as a failed federal district court nominee in 1986 — defended Thursday the GOP criticisms as compatible with a dignified process.
“We’re discussing matters of substance that directly relate to her role on the court, if she goes there,” the Alabama senator said. “Frankly, there’s some serious issues that have been raised that need discussion.”
He added, “I think it’s been dignified. The speeches have been at a high level. But this is not a judicial trial. We’re not required to not speak on the merits of it. This is a political process.”
But Republicans are caught between competing political imperatives. Barring some surprise revelation, GOP lawmakers are unlikely to derail Sotomayor’s nomination. A serious attempt to block her could harm the Republicans’ already dim political fortunes.
Nor can Republicans afford to look like they’re going too easy on Sotomayor — hence the need for GOP lawmakers to criticize Sotomayor’s record without seeming like they’re attacking her.
“They know that it would be politically disastrous for them to filibuster the nomination,” said Baker. “So what they have to do is put on kind of a political pageant, at which they try to demean her judicial credentials, while at the same time not going over the line and making it appear that they’re attacking a woman or a Latina.”
Republicans also are protesting the July 13 start date by complaining that Sotomayor’s has not fully responded to the Senate’s questionnaire.
Republicans are expected to decide by Friday whether to formally ask Judiciary Chairman Patrick J. Leahy , D-Vt., to delay the start of the confirmation hearings.
“My goal was to try to meet [the July 13 start date] and that was our goal but it’s pretty clear to me now it’s going to be very difficult to have a hearing at the level we ought to have it,” Sessions said.
Republicans are under pressure from conservative activists to try to delay Senate floor consideration of Sotomayor’s nomination until September.
One conservative activist, Manuel Miranda, the chairman of Third Branch Conference, said his group will send a letter to senators Friday asking for the floor vote to be put off until September. Democrats have made it clear that they want to vote on Sotomayor’s nomination before leaving town in early August.
“It would be a failure of leadership to allow a confirmation vote before the August recess,” Miranda said Thursday.
But if recent polls are any indication, the Republicans have not yet succeeded with their message that Sotomayor could be too far outside the judicial mainstream.
According to an NBC News/Wall Street Journal poll conducted June 12-15, 54 percent of respondents had either a positive or neutral opinion of Sotomayor, and only 16 percent had a negative one. Similarly, in a CBS News/New York Times poll conducted June 12-16, 55 percent of respondents said they thought Sotomayor would “treat all groups the same under the law” as a Supreme Court justice.
Seth Stern contributed to this story.




Comments
Of course it's not an attack. Ask Karl Rove, Cheney, Rush, or O'reilly. It's..um..a..ah..er..a spirited challenge or maybe a thoughtful questioning. Or maybe just a little joking around among friends. That's it--just a little fun loving discussion. Republicans are ever so good at that. Let's hear it for the party of no.
I am still confused why the Republicans claim they are not attacking, but Senator Sessions is their leading spokesperson. He can not come accross other than what he is a sexist racist and anti-Catholic zealot. Certainly the Republican party can do better!! Nor is Senator Cronyn that person. Maybe they should be looking at Senator Martinez or Senator Brownback or one of the Senators from Maine if they are not trying to "attack".
Confused -- You complain about Sen Sessions attack while simultaneously launching a viscious personal attack on him.
Mr. Hauser: How else would you call a man who's career has been built on bigotry. He has REPEATEDLY attack my faith. He repeatedly attacks Catholics. If you think he should not be called what he is, then you might want to suggest he change his bigoted tatics!
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