Debate on Hispanic judge simmers in US Senate

by admin on August 6, 2009

Sonia SotomayorA contentious debate in the deeply divided US Senate began when Judge Sonia Sotomayor was nominated to serve in the US Supreme Court. Sotomayor is the first Hispanic and third female judge to serve in the Supreme Court. Democratic allies of President Barack Obama and some Republicans have voted to give Sotomayor the lifetime appointment. This will be officially announced and confirmed before lawmakers’ month-long recess, which will commence within the week.

While the majority voted in favour of Sotomayor, most Republicans said the judge is an “activist” who uses judicial “empathy.” In a morning floor speech, Republican Minority Leader Mitch McConnell said, “A judge must be able to check his or her personal or political agenda at the courtroom door and do justice even-handedly. This is the most fundamental test. It’s a test Judge Sotomayor does not pass,” he added.

In more than four days of Senate hearings last month, the judge defended herself against the charges of racial bias, saying “fidelity to the law” is her highest virtue. Republicans accused Sotomayor, 55, of being an activist as she is against job discrimination and gun rights. ”Her philosophy embraces and accepts the impact that background, personal experiences, gender, sympathies and prejudices — these are her words — have on judging,” said Senator Jeff Sessions, who oversaw confirmation hearings of Sotomayor.

But Democrats described Sotomayor as a moderate judge. “She’s not an activist. She follows legal precedent,” said California Democrat Senator Dianne Feinstein. Democratic chairman of the Senate Judiciary Committee Senator Patrick Leahy, who approved the judge’s historic nomination in a 13-6 vote, even praised Sotomayor’s life experience. ”No one has pointed to decisions that evidence bias,” Leahy said. “She is a restrained and fair and impartial judge who applies the law to the facts in deciding cases.”

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