Their 'no' on Sotomayor could hurt Utah senators

Utah Sens. Bob Bennett and Orrin Hatch sided with most of their GOP colleagues in the U.S. Senate on Thursday by voting against Sonia Sotomayor, who was confirmed as the newest Supreme Court Justice in a historic 68-31 vote.

Their opposition to Sotomayor, the court's first Hispanic justice, drew mixed responses Thursday afternoon.

Bennett said after the vote that Sotomayor's record on the 2nd Circuit did not qualify her for the top court.

"I do not discount her amazing story and the historic nature of this nomination," he said. "But, I focus my vote purely on her record and do not believe Judge Sotomayor's record warrants a promotion to the highest court in the land."

Hatch, who voted against Sotomayor in her hearing before the Senate Judiciary Committee last week, stuck with his opposition Thursday, and defended his no vote.

"On Tuesday, I explained some of the reasons why I cannot support the nomination of Judge Sonia Sotomayor," Hatch said. "Her record simply creates too many conflicts with principles about the judiciary in which I deeply believe."

Hatch went on to highlight those concerns, citing cases Sotomayor ruled on as a federal district court judge that he said infringed on private property rights as well as the Second Amendment guarantee of the right to bear arms

Utah Attorney General Mark Shurtleff, who in May announced he'll be challenging Bennett for his seat in 2010, issued a statement just before the floor vote Thursday, urging Utah senators to vote "no" and lambasting Sotomayor's record on gun-related rulings.

"Judge Sotomayor has demonstrated throughout her career an obstinate and cavalier attitude toward Second Amendment rights," Shurtleff said. "She has a very limited view of the Second Amendment, and I am not convinced of her understanding of this fundamental constitutional right."

Steven Gunn, a Salt Lake attorney and vice president of the Gun Violence Prevention Campaign of Utah, said Thursday that the positions taken by Hatch and Shurtleff on Sotomayor's rulings in gun cases were shaped more by the political realm than by her judicial record.

"I have read every federal court ruling on gun-related cases, and Sotomayor's rulings have been based on well-established principle … on precedent," Gunn said. "Mr. Shurtleff wants to cater to the gun lobby and Mr. Hatch is beholden to the National Rifle Association."

Gunn said he thought Sotomayor was well qualified to serve on the country's highest court and would complement the current makeup of justices.