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Sotomayor Dismisses Friend?s Allegation That She Has ?Liberal Instincts?

By Nathan Koppel

Day Three began with much anticipation on LB’s part: Would Sonia Sotomayor be forced to protest, again, that she doesn't really think Latina judges are the wisest of them all? Would any Republicans blow their stack at Sotomayor's occasionally lengthy and nonresponsive, discourses on law?

Here are some highlights from the first Q&A of the morning, led by Texas Republican John Cornyn.

Sotomayor went off on sort of a strange tangent when Cornyn asked her about some of her comments in a speech that "inherent physiological differences" make a difference in how judges approach cases. (This exchange, of course, followed a lengthy dialogue about wise Latinas.) The judge responded by talking about how some jobs have certain physical requirements: a pilot must have good eyesight, for example, she said, and other jobs have strength requirements.

"We aren't talking about pilots," Cornyn said. "We're talking about judges."

The process of judging, she countered, is informed by one's life experiences. "It helps you listen and understand. It doesn't change what the law commands."

Cornyn also asked her about her former law partner, New York attorney George Pavia, who evidently made comments to the press about how Sotomayor has "liberal instincts" and will be a trusted, pro-choice vote on the court.

She said she had no idea why Pavia might say that. "I've never spoken to him about my views on social issues."

Cornyn's question about the Ricci case underscored a seeming irony in the proceedings. Like other Republicans, Cornyn faulted her for seeming to give the white firefighters in the case short shrift, dismissing their reverse discrimination claims in a short ruling. In other words, Cornyn seemed to want Sotomayor to express empathy for their concerns, even though empathy has been called into question in other contexts.

On cue, Sotomayor said that in a follow-up opinion in the Ricci case, she and other Second Circuit colleagues did, in fact, recognize the hardships experienced by the white firefighters.

Perhaps empathy is making a comeback.

Full post as published by Law Blog - WSJ.com on July 15, 2009 (boomark / email).