12 June 2009
Confirmation Hearings for Supreme Court Nominee to Begin in July
Sonia Sotomayor faces questioning from Senate panel
Washington — Confirmation hearings for Supreme Court nominee Sonia Sotomayor will begin July 13, the Senate Judiciary Committee announced.
President Obama nominated Sotomayor on May 26 to fill the seat of retiring Justice David Souter. Like other high-ranking officials appointed by Obama, including Cabinet secretaries, ambassadors and federal judges, Sotomayor must be approved by a majority of the Senate.
The confirmation process for a Supreme Court nominee is especially thorough and often lasts several weeks or months. The Senate will conduct investigations and hold interviews and debates before voting to approve or reject Sotomayor.
Obama has urged the Senate to conduct the confirmation swiftly so Sotomayor could prepare before the new court term begins in October. If confirmed, Sotomayor would be the first Hispanic and third woman to serve on the Supreme Court.
THE CONFIRMATION PROCESS
The Supreme Court is the highest court in the United States. It is made up of nine justices who serve potentially lifetime terms, and hear cases appealed from lower courts as well as some original cases. Because justices make rulings on controversial issues, such as historic rulings on slavery and desegregation, Supreme Court nominees are closely scrutinized.
In the first step of the confirmation process, the president submits his nominee to the Senate. Before selecting Sotomayor, Obama said he spoke with members of Congress from both political parties, including members of the Senate Judiciary Committee.
“Of the many responsibilities granted to a president by our Constitution, few are more serious or more consequential than selecting a Supreme Court justice,” Obama said. (See “Obama Picks Sonia Sotomayor to Serve on U.S. Supreme Court.”)
Next, the Federal Bureau of Investigations (FBI) conducts a thorough background check of the nominee. FBI agents will speak with friends and colleagues of Sotomayor and inspect her criminal and school records.
Then the Judiciary Committee will begin confirmation hearings July 13. The committee is made up of 19 members, 12 Democrats and seven Republicans. Members will question Sotomayor about her past decisions as a judge and her interpretation of the Constitution. These sessions often last all day and may continue for an unforeseen amount of time.
Sotomayor is unlikely to reveal directly how she would vote on controversial issues such as abortion, immigration or gun control. According to the American Bar Association’s Model Code of Judicial Conduct, a judge should not make pledges, promises or commitments on cases that are likely to come before his or her court.
“She must be lofty, inspiring, and at the same time say nothing at all” if asked about these issues, said Tom Korologos, an adviser to more than 300 nominees for various offices since 1963 and a former ambassador to Belgium. Korologos spoke to journalists at the State Department’s Foreign Press Center on June 9.
After the hearings are finished, the Judiciary Committee will vote on whether the Senate should approve or reject the nominee. In rare instances, the committee has sent a nomination to the Senate floor with no recommendation. Regardless of the committee’s decision, the nominee cannot be officially approved or rejected without a majority vote of the full Senate. If the vote is tied, the vice president will decide the outcome.
About 20 percent of the 158 nominations to the Supreme Court since 1789 have failed. Some, like Robert Bork in 1987, are rejected by both the Judiciary Committee and the full Senate. Others, like Harriet Myers in 2005, have their names withdrawn before the vote occurs because they are unlikely to be approved.
CHOOSING A JUSTICE
Recent justices have served an average of 26 years, so they are a lasting legacy of the president who nominates them. Presidents often seek an experienced judge whose ideology closely aligns with his own.
There are no age, education or citizenship requirements for Supreme Court justices, nor is it necessary for the president to nominate a judge. Still, all current Supreme Court justices were judges on the U.S. Court of Appeals and received advanced degrees in law.
Sotomayor is a judge on the U.S. Court of Appeals and attended Princeton University and Yale University Law School. Obama said she has “a depth of experience and a breadth of perspective that will be invaluable as a Supreme Court justice.”
Obama also commended Sotomayor for overcoming hardship in her childhood, calling her “an inspiring woman.” Sotomayor was raised by Puerto Rican immigrants in a housing project in the Bronx in New York, and was able to attend college thanks to scholarships she earned.
Although judges do not identify with political parties, Sotomayor is expected to receive strong support from Democrats, Korologos said, citing her past rulings on civil rights issues. Still, Sotomayor’s independent voting record suggests she will receive votes from both parties, he added. The Senate is made up of 59 Democrats, 40 Republicans and one vacant seat.
If confirmed, Sotomayor would join a court that is balanced between four justices commonly considered liberal and four who are commonly considered conservative. She would replace Justice David Souter, a justice who has a liberal voting record despite having been appointed by Republican George H.W. Bush in 1990.
The confirmation of Justice Samuel Alito in 2006 lasted three months. If Sotomayor is confirmed in the same period of time, she will be able to join the bench for the new term in October, although congressional recesses in June and August might slow the process.
