Sens. Patrick Leahy, (D-Vt.), and Jeff Sessions, (R-Ala.), have made their opening statements before Supreme Court nominee Sonia Sotomayor, setting the stage for how this historic week will go.
Leahy began by emphasizing Sotomayor's extensive experience as judge -- more time on the bench and any other nominee in decades -- and her background, like his, of being a former prosecutor. Leahy also spoke of the importance of her Hispanic heritage as representing a milestone in American history, akin to other firsts on the Court -- the first African-American (Thurgood Marshall) the first Jew (Louis Brandeis) the first Catholic (Roger Taney) and the first woman (Sandra Day O'Connor.)
Somewhat preemptively, Leahy said opponents of Sotomayor have "sought to create a caricature" of her, adding that "unfortunately, some have sought to twist her words." Leahy admonished, "Let no one destroy this judge's record."
Sessions, the new ranking Republican on the committee, did not hesitate to question her record and her statements. He implied Sotomayor would join "liberal activists" on the Court who implemented their political agenda by ruling that "under God" should be removed from the Pledge of Allegiance and citing foreign law in overturning state death penalty laws.
The Alabama senator quickly moved to Sotomayor's controversial statements about appeals courts being the place where "policy is made," and that her experiences affect how she sees a case. Sessions argued that defenders of Sotomayor who say her record shows no bias are wrong; as a district and appeals court judge, Sessions said, she is "restrained by precedent," but as a Supreme Court justice, that restraint will be removed.
So the battle is joined: Leahy defending Sotomayor's record and Sessions attacking her statements and minimizing the significance of her judicial record. More later.
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