Since President Obama announced his pick of Judge Sonia Sotomayor as the replacement for retiring Justice Souter on the Supreme Court, her confirmation has been entangled with controversy. While many Senators have expressed their confidence in Sotomayor’s judicial experience and knowledge of the law, the milestone that is the appointment of the first Hispanic Supreme Court Justice has been bogged down by comments Sotomayor previously made in 2001.
Sotomayor’s controversial statement at issue was that “a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn’t lived that life.” Race was further injected into the confirmation process, as one of the cases she ruled on as a federal appeals judge, Ricci v. DeStefano, which dealt with the racial discrimination of white firefighters was overturned by the Supreme Court.
This resulted in Sotomayor being asked tough questions during confirmation hearings before the Senate Judicial Committee. When explaining her questionable remarks regarding her gender and race, Sotomayor stated that her comments were made in order to inspire Hispanic students to achieve what she has accomplished and maintained that she could rule objectively. While all Democratic Senators on the Committee have thrown their support behind her, Senator Lindsay Graham of South Carolina was the sole Republican to vote in favor of her. Other Republicans on the panel have opposed her due to her more evasive answers regarding the gun rights, abortion and affirmative action. This contrasted with comments made by Democratic Senators, such as newly minted Al Franken who claimed Sotomayor was “the most experienced nominee to the Supreme Court in 100 years.”
Despite the controversies and lack of bipartisan support, Judge Sotomayor appears to be heading towards Senate confirmation. No Democratic Senator has stated he or she will vote against her and several Republican Senators have made it public that they will confirm her, such as Senators Susan Collins and Olympia Snowe from Maine, Richard Lugar from Indiana, and Mel Martinez from Florida. Even without Republican support, Sotomayor’s confirmation is reasonably safe, with the addition of comedian Al Franken to the Senate, which ensures a filibuster proof majority of 58 Democratic Senators and two independents who caucus with them. Further, Senator Lindsay Graham was quoted as saying to Sotomayor, “Unless you have a complete meltdown you will get confirmed.”
Senate Republicans who fought with Senate Democrats over voting on President Bush’s judicial appointments of Chief Justice Roberts and Justice Alito may also be pressured by accusations of hypocrisy if they attempt to delay Sotomayor’s Senate confirmation. This does not appear to be the case, as many Senate Republicans have promised a speedy confirmation. The top Republican on the Senate Judicial Committee, Senator Jeff Sessions has announced that he will not support judge Sotomayor, but that he would not support any attempt to block a final vote on her confirmation.
If confirmed, Judge Sotomayor will be the first Hispanic to be appointed to the U.S. Supreme Court and the third woman appointed to the court.










