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Sotomayor Nomination To Supreme Court Advances To Full Senate
7/28/2009 12:42 PM  ET
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(RTTNews) -  The Senate Judiciary Committee voted Tuesday to advance the nomination of Judge Sonia Sotomayor to the Supreme Court.

The 13 to 6 vote, split mostly on party lines, sends the nomination to the full senate for consideration. Sen. Lindsey Graham, R-S.C., was the sole Republican to vote in favor of Sotomayor.

Committee chairman Sen. Patrick Leahy, D-Vt., had high praise for President Barack Obama's first Supreme Court Nominee.

"Judge Sotomayor is well qualified. One need look no further than her experience, ability, temperament and judgment," Leahy said. "The President nominated a person with more federal judicial experience than any nominee in the last hundred years."

He added, "As her record and her testimony before the committee reinforced, she is restrained, fair and impartial judge who applies the law to the facts to decide cases."

Leahy added that it was ironic that Sotomayor has come under criticism from Republicans based on decisions in several cases in which she didn't seek to change or overturn precedent.

"In other words, cases in which she refused to make law from the bench," Leahy said. "In her 17 years on the bench there is not one example, let alone a pattern, of her ruling based on bias, prejudice or sympathy."

He added, "She has been true to her oath and faithfully and impartially performed her duties as set forth by the Constitution."
But Sen. Jeff Sessions, R-Ala., the ranking GOP member of the panel, said he still harbored deep concerns about Sotomayor's judicial philosophy and ability to dispense justice evenhandedly.

"Based on her record as a judge and her statements I am not able to support her," Sessions said.

Sessions said it appeared that Sotomayor had a "fully formed judicial philosophy" that he found deeply troubling.

He cited several of Sotomayor's speeches, including her oft-repeated "wise Latina" comment and comments that her heritage would affect "the facts I choose to see as a judge."

"Her testimony to me did not have the clarity and compelling nature that would overcome those speeches," Sessions said.

Some of Sotomayor's rulings on constitutional issues were especially troubling, Sessions said, citing gun control issues, discrimination and property rights.

"She held it was settled law that the Second Amendment did not apply to the states," he said, going on to say that there seemed to be a pattern of giving such cases short shrift in either unpublished or very short, cursory rulings.

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