The 55-year-old federal appeals court judge avoided weighing in on any major issue that could come before her as a justice, instead using legal doctrine, carefully worded deflections, and even humor to ward off efforts to pin her down.
Appearing more at ease in the witness chair on the third day of nationally televised hearings, Sotomayor defused a tense exchange on gun rights by joking about shooting a GOP critic and charmed Democratic supporters with nostalgic praise for fictional attorney Perry Mason.
Republicans, frustrated in their attempts to undercut President Obama’s first high court choice, said they were still worried Sotomayor would bring bias and a political agenda to the bench.
“It’s muddled, confusing, backtracking on issue after issue,’’ said Senator Jeff Sessions of Alabama, the top Republican on the Judiciary panel. “I frankly am a bit disappointed in the lack of clarity and consistency in her answers.’’
The hearings are scheduled to continue today with more questions for Sotomayor, along with testimony from outside witnesses, including Frank Ricci, a white New Haven firefighter whose reverse discrimination claim was rejected by Sotomayor and who Republicans plan to showcase as part of their effort to portray her as a judge who has let her biases trump the law. A vote by the full Senate to confirm her is expected in early August, time enough to allow her to don the robes of a justice before a scheduled hearing on Sept. 9 on a case involving federal campaign finance law.
Sotomayor’s rulings - except for a much-debated reverse discrimination case - have not shed much light on her positions either, though she is considered unlikely to disturb the Supreme Court balance in replacing generally liberal Justice David Souter.
On abortion rights for example, Sotomayor has not ruled on any case that squarely confronts the issue. As an appeals court judge she dismissed a challenge to the so-called global gag rule on US foreign aid, deciding against an abortion rights group. But in her opinion she used the phrases “anti-abortion’’ and “pro-choice,’’ typically used by abortion rights supporters.
