Sotomayor Q&A Intensifies

In continued questioning before the Senate Judiciary Committee, Judge Sotomayor refused to tell the Committee her personal views on any subject, often citing her desire to not prejudge an issue.  Questions focused again on her views regarding abortion and the use of foreign law.  Judge Sotomayor reaffirmed her statement from yesterday that judges do not change the law; however, she did state society evolves in terms of technology and other developments, and so the law is being applied to a new set of facts. She also stated that judges can change our views on how to interpret certain laws based on new facts, new developments of doctrinal theory, considerations of whether what the reliance of society may be in an old rule.

Judge Sotomayor has repeatedly stated that the Constitution is a broad document that is interpreted by the Supreme Court and there is still concern that, if confirmed, she will read the Constitution broadly to find new rights.
 
Of particular interest today were exchanges between Judge Sotomayor and several senators on the issue of abortion. Senator Coburn of Oklahoma, a medical doctor, questioned her as to whether advancements in medical technology should impact how we look at the law, particularly with respect to abortion. Judge Sotomayor refused to answer the question in the abstract. Senator Coburn pointed to several medical advancements regarding the unborn and noted that we now record fetal heartbeats at 14 days post-conception. We record fetal brainwaves at 39 days post- conception. [But] we have this schizophrenic rule of the law where we have defined death as the absence of those, but we refuse to define life as the presence of those. 

Senator Franken of Minnesota also questioned her on the issue of abortion. He pointed out, and Judge Sotomayor agreed, that the words abortion, privacy, and birth control do not appear in the Constitution. Judge Sotomayor repeated her assertion that the Constitution is a broad document.

Senator Coburn, in his questioning, pointed out the anomaly that the right to privacy isnt mentioned in the Constitution, yet it is settled law. However, the Second Amendment is spelled out in the Constitution, yet it is not settled law.

The Senators also continued to question Judge Sotomayor about the controversial statements from her speeches. She continued to try and explain away the controversial statements. She acknowledged that her wise Latina comment failed and has been misunderstood. Based on the questioning from several Senators, it appears that many of her speeches have been either, in her words misunderstood, or revisited and revised since her nomination.
 
There will be additional questioning for Senators and outside witnesses will also be given the opportunity to address Judge Sotomayor's nomination.