Thursday wrapped Senate questioning in the Sotomayor
hearings and brought the much-anticipated testimony of New Haven
firefighter Frank Ricci.
Sen. Kyl began the morning’s questions, dwelling heavily on
the Ricci case and refusing to accept the diplomatic non-answers
that Sotomayor has been so carefully counseled to give. Kyl
called the bluff on her claim that she was bound by Supreme Court
precedent in the case, demonstrating that cases did not exist on
which to base such precedent. When she skirted the question and
recited the facts of the case instead, he took a page from her
“tough judge” playbook: “that’s all fine and dandy, counsel, but
answer the question.”
Much later in the day, the testimony of Ricci himself was
less forceful, but moving nonetheless, as he recounted the hours
of study he spent away from his family for the exam that
Sotomayor’s court tossed out, and reminded the Senate that “the
very reason we have civil service rules is to root out politics,
discrimination and nepotism.” Yet he and fellow firefighter Ben
Vargas were less adamant about the judicial merit (or lack
thereof) in the ruling under cross-examination, and the drama
that some were expecting from the event failed to
materialize.
Other notable moments: Sen. Lindsey Graham, while frankly
declaring some of Sotomayor’s statements troubling, seemed to
warm up to her today, complimenting her on her judicial record
and leading some to
speculate that she may have won his confirmation vote.
Charmaine Yoest of Americans United for Life delivered a moving plea on
behalf of the unborn, citing Sotomayor’s association with PRLDEF,
which opposes even parental notification restrictions on
abortion, and challenging Sotomayor’s statement from Monday that
all cases decided by the Supreme Court become “settled law.” Roe
v. Wade, Yoest said, represents “precedent on shaky
ground.”
The testimony of
Cato’s Ilya Somin described with clarity Sotomayor’s failure to
follow judicial precedent in rulings on property rights and
incorporation of the 2nd Amendment.
And sometimes, what is not said is just as significant as
what is. One issue that has not come up during the hearing cycle
is Sotomayor’s membership in the women-only private club Belizean
Grove. Last month, TAS’ Jeffrey Lord wrote
about how membership in a similar men’s club had become a
dealbreaker for Sen. Pat Leahy and others in the confirmation of
Bush Third Circuit Court nominee D. Brooks Smith. Leahy’s silence
on the issue during this cycle of hearings speaks loudly.
Transcripts from yesterday’s hearings and those of the past
three days are thoughtfully compiled
here on the LATimes Web site.
