Earnest Questioning

A number of Senators on the Judiciary Committee had an opportunity to question Supreme Court nominee Judge Sonia Sotomayor on a variety of topics.  While some Senators were content with her record and judicial background, some asked probing questions about her speeches, her decision in the case involving Connecticut firefighters that was overturned by the Supreme Court, her views on race and the role that it plays in judicial decision-making, and her judicial philosophy.  She was also asked questions on abortion and executive power.

In the six hours of questioning there were several moments of note.  In response to questioning from Senator Graham, Judge Sotomayor admitted that the word abortion was not in the Constitution.  At another point she noted that the Constitution is a broad document. Although she stated that the Constitution is not a living document, she did recognize that society does change.  Whether or not Judge Sotomayor believes that the Constitution is broad enough to incorporate other societal changes remains to be seen.

Judge Sotomayor defended her comment that Court of Appeals is where policy is made by explaining that she was simply pointing out the differences between the role of district court judges, who find facts, and appellate court judges who establish precedent.  This explanation flew in the face of her later attempt to explain her courts summary rejection of the claims in the Connecticut firefighers case.  She said, in response to that question, that her panel relied on the thorough lengthy district court opinion and other circuit precedent.  Based on her responses, you could conclude that Judge Sotomayor apparently believes that appellate courts only establish precedent in cases that dont involve thorny substantive issues such as race, guns, or property rights.

There will be more questions in the days ahead. 

I discussed many of these issues with Sean Hannity on FOX News.  You can watch that interview here.

We will continue to bring you the latest information and analysis from these hearings and as always you can listen to Jay Sekulow Live! - our daily radio broadcast for the latest.