Judiciary panel OKs Sotomayor for high court

Nominee receives 13-6 vote despite nearly total Republican opposition

By Julie Hirschfeld Davis

Associated Press

Published: Wednesday, July 29 2009 12:00 a.m. MDT

Sens. Orrin Hatch, R-Utah, top; Jeff Sessions, R-Ala., right; and chairman Patrick Leahy, D-Vt., listen to fellow committee members Tuesday as the panel holds discussions on the confirmation of Judge Sonia Sotomayor.

Karen Bleier, AFP/Getty Images

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WASHINGTON — Pushing toward a historic Supreme Court confirmation vote, the Senate Judiciary Committee on Tuesday approved Judge Sonia Sotomayor to be the first Hispanic justice, over nearly solid Republican opposition.

The panel's 13-6 vote for Sotomayor masked deep political divisions within GOP ranks about confirming President Barack Obama's first high-court nominee. Just one Republican, Sen. Lindsey Graham of South Carolina, joined Democrats to support her, although four others have said they'll vote for Sotomayor when her nomination comes before the full Senate next week — and that number is expected to grow.

Sen Orrin Hatch, R-Utah, opposed the appointment of Sotomayor to the U.S. Supreme Court because of her stands on issues such as gun control, private property rights and affirmative action policies. Hatch said that even the historic nature of her nomination could not sway him.

"I come to the confirmation process wanting to vote for a president's nominees, and the prospect of a woman of Puerto Rican heritage serving on the Supreme Court says a lot about America," he said. "President Obama could have chosen a Hispanic nominee that all senators could support. He chose not to do so, and I regret that I cannot support this nominee."

During the lengthy statement outlining his opposition, Hatch criticized many of Sotomayor's decisions. But he also focused on her words outside of the courtroom, especially speeches and articles in which Hatch worried she seemed to indicate a willingness to reshape, not simply interpret, the Constitution.

"A nominee's approach to judging is more important than her resume, especially on the Supreme Court where Justices operate with the fewest constraints," he said. "Each nominee comes to the Senate with her own record, and it is that record that we must examine for clues about her judicial philosophy. Judge Sotomayor's speeches and articles outline a troubling judicial philosophy which her appeals court cases, hearing testimony and answers to post-hearing written questions do not neutralize."

"I would not have chosen her, but I understand why President Obama did. I gladly give her my vote, because I think she meets the qualifications test," Graham said. Obama's choice to nominate the first Latina to the highest court is "a big deal," he added, declaring that "America has changed for the better with her selection."

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