Sotomayor Day 2

Today was Sotomayor's first day of answering questions from the Judiciary Committee, and I think she came off very well. She was articulate, thorough, relatively forthcoming and obviously intelligent (if pretty nervous).

I think, though, that she didn't answer the Ricci questions sufficiently. Sotomayor was on a panel of three judges that heard the Ricci appeal, which involved a question of "reverse discrimination." Instead of writing a detailed opinion in the case, the Sotomayor panel simply released a three-paragraph unsigned opinion affirming the lower court. Sotomayor subsequently voted to deny rehearing the case in banc (by the full Second Circuit Court of Appeals). The vote to rehear failed by one vote. If Sotomayor had changed her vote, the whole Second Circuit would have heard the case and, presumably, released a full opinion on the merits.

I don't think she explained (1.) the summary opinion affirming the lower court; or (2.) voting to deny rehearing. The case was important, reaching questions of first impression on the Second Circuit. Aside from the fact that she should have written an opinion, or else voted to send the case to the full circuit, she didn't really explain why she didn't take either step. She said that Second Circuit precedent compelled her decision, but that doesn't adequately explain why there actually was no Second Circuit decision either by the three-judge panel or the full circuit. I feel like there should have been.

I also hated how Lindsey Graham turned into an undergraduate speechwriting professor in his own mind. Sotomayor doesn't need to be told how to give a speech, which wasn't as bad as everyone is trying to make it seem (wise Latina), nor does she need to be lectured to by a pompous senator about what's appropriate for a judge to speak about. But I guess that's how these confirmation hearings go.

Anyway, I really enjoyed listening to her give substantive responses. She clearly knows what she's talking about, and I think she would be a fantastic addition to the Court. She strikes me as a humble person who would bring a much-needed diversity of background to the Court. And yes, that's a good thing.