Fairness better than empathy, Hatch says

As the Senate began debate Tuesday on the nomination of Sonia Sotomayor to the Supreme Court, Sen. Orrin Hatch, R-Utah, said her record "creates too many conflicts with fundamental principles about the judiciary" for him to support her.

Hatch said Sotomayor became the first Supreme Court nominee he has ever opposed in his 32 years in the Senate because of her philosophy — even though he voted earlier in his career to confirm her to both district and circuit courts.

"Judge Sotomayor's approach to judging is more important to me than her resume," he said.

Hatch said he worries that Sotomayor puts too much emphasis on using empathy in judging, a criteria President Barack Obama said he would seek, rather than on applying the law fairly.

"The American people overwhelmingly say today what America's founders said, that judges must follow the law rather than their personal empathy to decide cases," he said.

Hatch said Sotomayor gave a speech several times where "she said that factors such as race and gender affect how judges decide cases. … She embraced the notion that there is no objectivity or neutrality in judging.

"My concern only grew after discussing this speech with Judge Sotomayor during the hearing. Rather than adequately defend or disavow these views, she presented a different — and contradictory — picture," he said.

"I waited for her to say that judges have an obligation to eliminate the influence of these factors," Hatch added. "I waited for her to say that because these things undermine a judge's impartiality, judges must be vigilant to prevent their influence."

He said she did not.

Hatch said he was also concerned that "the Supreme Court has disagreed with Judge Sotomayor in nine of the 10 cases it has reviewed, sometimes with significant criticism of her decisions."

"In the end, neither general deference to the president nor a specific desire to support a Hispanic nominee could overcome the serious conflicts between Judge Sotomayor's record and the principles about the judiciary and liberty in which I deeply believe," he said.

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