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It's one of the most.
Powerful positions in America we're not talking about Italy wins this is serious business for the defense of liberty a nominee who couldn't remake the long.
This is on tape and I should never see that as we don't make -- -- I don't.
President -- subsidy is rewriting the rules I view that all the event perfect isn't essential ingredient.
For arriving at just decisions and up.
I think it's a threat to our system.
Post and the battle for the future of the corn Fox News reporting judging Sotomayor.
-- -- from Washington.
-- -- -- -- -- Welcome to the nation's capital -- it is great to have you on a gorgeous night.
Great to be -- we got lucky with the weather that the setting.
For tomorrow's senate confirmation hearings for Supreme Court nominee.
Sonia Sotomayor over the last century the Supreme Court has become an enormous force for political.
And social change here in America there is barely an aspect of our allies that has not been affected by its decisions.
And with the court that now regularly splits 54.
A single judge can profoundly affect the future of our nation.
That's why Supreme Court nominations have become such important events.
But even against that backdrop the hearings which start tomorrow could be extraordinary -- big head -- the fact that Sonia Sotomayor is the very first let Tina.
Nominated for the High Court is without question a big deal.
But this about more than that she has expressed some very controversial views on the role of judges and so has President Obama.
So does this nomination if -- sales through marked the beginning of a new direction for the American judiciary.
We start here on Capitol Hill the Senate Judiciary Committee will hold the hearings a short walk from the US capitol.
And the US Supreme Court in the Hart senate office building.
The central room is the location -- room which has been used numerous times.
For proceedings like this Fox News chief political correspondent Carl Cameron is on Capitol Hill with what we can expect this week -- I have read well does Sonia Sotomayor will be center stage all week or every syllable heavily scrutinized.
Monday's set aside for introductions and opening statements there are nineteen members of the Senate Judiciary Committee so it will be a very full day of little more than speech making.
Here's a look along party lines there are twelve Democrats in the majority led by Vermont chairman Patrick Leahy there are seven Republicans in the minority.
Tuesday is when the question and answer session begins thirty minutes per senator they look at this as something of a celebrity moment themselves to look for lots of speeches.
And there are some key power players look at on each side of course the chairman pat Leahy he's been on the committee for sometime but this is his first time chairing a Supreme Court confirmation hearing.
Dick Durbin is the senate democratic majorities number two leader the whip he counts votes Chuck Schumer of New York.
A pit bull will be part of the introductions tomorrow and this will be Al Franken is big debut -- -- committee he only made it to Washington as a senator last week and he'll be on the committee as well.
Among the Republicans their leader is Jeff Sessions of Alabama he'll be leading the opposition Chuck Grassley of Iowa.
Has been on the committee since 1981.
Orrin hatch another longtime powerhouse going back decades and Lindsey Graham is a tough partisan.
In addition there -- three others Tom Coburn one of the most of the conservative senators in all of it.
There are two members of the leadership John Cornyn and Jon Kyl and let's not forget Arlen Specter he used to be a Republican.
Now he's a Democrat and sure to be entertaining as the week unfolds -- -- and.
Thanks -- questions and controversy have surfaced over this nominee's record but what are the issues and will her record -- For those answers Fox News correspondent Shannon brains at the US Supreme Court -- -- I've rebel course differently -- first time the public hears from judge sotomayor's not a chance to answer some of her critics and maybe to explain a few things as well.
There -- some key issues we can look for first of -- outside of the courtroom things that she sat in Britain.
That's speech that she made it Duke University where she talked about appellate courts being where policy is made.
Also a string of speeches in which she had a sentence something today fact that a wise with -- and make more often than not come to a better conclusion than a white male.
Also statements that she's made about the fact that a judge's background and opinions do you see the way color the way he or -- -- action makes decisions.
That's that empathy standard that has conservatives very worried that she may be a liberal activist from the batch.
Now some of her decisions as well of course the -- decision that -- -- white firefighters who filed a discrimination claim.
They got a top -- scores out on the exams that they -- and yet they didn't get promoted because the city was worried that minorities who hadn't tested as well on the succeeds with sue the city.
Well Sotomayor as she -- at the second circuit with the -- and just a couple of weeks ago here at the Supreme Court.
Well they overturned her by F 54 decision it is certain to take center stage because -- those firefighters are on the witness -- they are expected to testify on Thursday.
Senators say they've got a lot question they are going to give her chance to explain exactly what she met and these different rulings -- speeches.
And make and it's something we'll all be watching for this week.
The -- and thank you about Fox News reporting goes in depth on Sonia Sotomayor beginning.
With her life story one of the reason she became president Obama's very first pick for the High Court.
It was 1944.
During World War II when Sonia sotomayor's parents migrated from Puerto Rico to New York.
They would not meet until they got to the city.
Her father Juan Luis Sotomayor a factory worker with just a third grade education.
Her mother Selena -- right when she was only seventeen she came over by herself she had a lot of courage.
The -- rose by as a tool is selena's sneaks.
And it's really interesting that she joined the army Salinas signed up with 200 other young Puerto Rican girls for the women's army corps.
The Sotomayor is married and had two children.
Sonia Murray born June 25 1954.
Then three years later her brother Juan.
The Sotomayor -- live here in this east.
Bronx government run low income housing project.
Through the decades projects like -- have become notorious magnets for drugs and violence in this neighborhood is no different.
When these buildings first went up however back in the 1950s it was all about hope and social progress.
And the Sotomayor -- remember there -- times here fondly.
Everybody was excited about moving to the projects they would bring you -- -- And it was nice place to -- I know we -- -- Because I sort of poverty but I didn't feel it because I came from a family that must make its.
When Sonia was nine her father died of a heart attack to put food on the table her mother worked six days a week as a prospect hospital in the Bronx.
Eventually getting her practical nurses licensed which led to a better paying job.
That helps pay for Sony -- private Catholic elementary school a good education was a priority for the sotomayor's.
Sergio Serra Longo grew up with sound.
That was the background -- that she came from.
In many ways I think that has shaped who she is today.
When Sonya wasn't studying she lost herself in books reading mysteries and watching a legal dramas on TV.
You hear that then Nancy Drew stories for but you don't hear respects he was a very very big fan of Perry Mason he could -- visit her when Perry Mason was -- By the time she was ten years old -- knew she wanted to become a lawyer she focused on her studies and became an outstanding student.
She would take a major step forward when she was accepted to the prestigious cardinal Spellman high school.
If she could make degraded Spellman they would put her on an -- track.
-- fear -- I was a high school classmate of Sony's.
We came in and I guess is freshman we're very sure it was a very scary time Sony entered high school in 1968.
The senior Martin Luther king and Robert F Kennedy were assassinated.
American cities were in -- and race riots and the Vietnam War was raging.
As were to protect us against this summer her freshman year we've been through -- the students were massive candidates can't state.
-- so we lived through very very turbulent times how did that -- like at spelman if at all.
Well to certain people they became much more politically aware and -- was one of looking up to -- was one of Obama.
-- -- will it ever get the could ever possibly be where she uses Jerry Faulkner now dean at spelman.
Was a freshman when Sonia was a senior so many people gravitated to her she just.
Seems -- know what she was doing and where she was going.
Sony was in the National Honor Society the student government the bowling team and the Latino club -- yeah.
She was also Klaas president and a passionate debater.
We had participated.
On a national topic and we debated on everything from.
Jury positions should be based on twelve person jury your how education should be funded.
I found -- to be someone who's very thoughtful.
Really you know studied.
The topic very well and and was a forceful present -- In 1970 -- Sonia graduated valedictorian.
Of her class but it's funny that when we graduated from -- our school colors -- red white we graduated black.
So she's always warn that black wrote have been headed pitchers -- foreshadowing of the act out things to come yes.
Next up -- Fox News reporting Sonia Sotomayor heads to the Ivy League or as she called it.
An alien land.
Sonia Sotomayor are went from a single parent family in an east Bronx housing project to the top of her high school class.
That accomplishment was her ticket out of poverty.
And set her on an intellectual journey that will play a very big role in the kind of Supreme Court justice shall make.
Shannon Bream reports.
Although she had been valedictorian of her prestigious high school.
Sonia Sotomayor says she went to Princeton University on a full scholarship as -- The perfect affirmative action baby.
My test scores were not comparable to -- that if my classmates and that's been.
Shown by statistics there are reasons for that there are cultural -- is built into testing.
When she arrived on campus in the fall of 1972.
Princeton was an alien -- in her words Sergio such a Longo who followed her to Princeton felt the same way.
Outside the classroom Sotomayor co -- actually on put the McCain -- a Puerto Rican student group.
According to her own account her group along with the -- students of Princeton.
-- the complaints with the department of health education and welfare.
Charging the university with an institutional pattern of discrimination.
Sergio such -- Longo was also one of the students who leveled the anti Latino discrimination charge.
The general gist of the complaint was there were not enough faculty of color and the numbers of students of color should be increased confrontation was a common thing it was done by virtual of the group to which you belong to.
Fox News senior judicial analyst judge -- an Apollo -- was four years ahead of Sotomayor at Princeton.
You couldn't walk into the president of Princeton's office today.
And they can demand in those days you could -- you would -- you did.
It would be on the front page of the daily -- -- him.
And you would be lauded it for a liberal cause you would be condemned it if it -- conservative cause because that was the politics of the era.
Sotomayor graduated from Princeton -- mod and -- the university's highest undergraduate -- the pine prize.
After graduation she married her high school sweetheart Kevin Noonan they would divorce seven years later.
Despite her academic honors Sotomayor says her acceptance to Yale Law School was more affirmative action because there LS ATs were low for the school.
What ever reverse course her intensity made an impression -- former classmate and now Yale law professor Stephen Carter.
First day of class you're sitting -- terrified.
Law schools -- thought periods up.
Here's a -- hand you know she's asking some deep question about some obscure fact in this case -- quite.
You're taken when you see him like them the first usually -- like from.
Carter later edited an article Sotomayor wrote for the prestigious Yale law journal on an arcane question of constitutional law related to statehood for Puerto Rico.
It's a very difficult very tricky subject.
And she navigated -- very well between two very extreme positions to find -- very full -- and actually workable practical middle ground according to Carter Sotomayor like all Yale law students at the time.
Also would have been exposed to a concept called legal realism.
Legal realism is a term that's used to score wrong I'm on an approach to -- long that began at Yale in the first half of the twentieth century.
Both -- that it had been almost universally assumed that a judge's job was to scrupulously apply precedent.
-- slavishly followed the will of the legislature.
Legal really is and -- -- places the judge at center stage it says in the real world a judge's personality background and values are important factors when he or she decides a case.
And that perhaps that's how it should be.
The professor -- he almost seven -- -- a product of social force I think that was certainly dominant view -- -- I was dominant view in law school zone today.
As she will see Sotomayor has suggested she believes the judges unique background and values do and should influence his or her judicial decisions.
That worries conservatives who question whether -- -- could really be -- colorblind Supreme Court justice.
After all they say just look at her extracurricular activities over the years they believe repeal of recurring theme.
The notion that -- Meyer believes the system discriminates against minorities and that she is driven to buck the system and right those wrongs.
For instance -- -- any Yale Sotomayor worked with an advocacy group took push her school to hire more minorities.
She also caused a -- by launching a formal complaint against a law firm recruiting on campus.
She said the firm -- inappropriate questions without affirmative action.
Sotomayor supporters say she had every right to challenge the institution she was attending.
And that in any event her politics is a student were less radical than her opponents -- Just there were still in the -- -- even in that time.
A flavor of a community.
They have a lot of radical organizing the wrong tomorrow collections on getting involved -- that stuff for much.
You'll want the students you'd see that you see now first generation their family to.
I'll go to college and so they're very serious as a rule -- doesn't have a -- everything turns out to be true.
And -- as it turned out Sonia Sotomayor the law student who had worked for years on behalf of racial minorities the disadvantaged and the downtrodden.
Surprised her classmates when she took her first job as a New York City prosecutor Sotomayor actually thought twice about taking that job it's a fascinating part.
Of her story and we will have it.
Next on Fox News reported.
Back to Fox News reporting judging Sotomayor.
In addition to being a hard working driven student at Princeton and Yale Law School.
Sonia Sotomayor was a member of a number of civil rights groups which alleged discrimination on those campuses.
Many of her fellow law students were stunned with the first job she took out of school as a prosecutor under Manhattan district attorney Robert Morgenthau.
Sotomayor herself has said she had misgivings about taking the job.
I talked about that with Morgenthau on his downtown New York City office.
When you first met Sonia Sotomayor.
What was your first impression is she impressed me as being so when you -- -- Problems of victims and witnesses we want people judgment knowing her inclination to speak up for minorities were you surprised that she chose to become prosecutor rather than.
Perhaps a public defender was a lot more discretion -- -- -- -- through reliving of the social you have the discretion to do what to think Detroit.
So was arrested and you think -- Savannah -- you know prosecute.
And indeed Sotomayor has said that she was reluctant to prosecute what she called low grade crimes and she felt they could be quote.
The product of the environment and of poverty.
When it came to violent crime however she had no such hesitation.
As she noted in -- 1983 interview with the New York Times quote the worst victims of crimes are not general society IE white folks.
But minorities themselves.
Nevertheless her focus on race and ethnicity as an issue.
Make some conservatives uneasy.
Equality means criticizing Hispanic nominee the -- we would criticize the white -- Exactly right and current -- is the executive director of the Committee for Justice a group that tries to put conservative justices on the bench.
-- it is strange that the only way she could justify being a prosecutor friends is to point out.
That minorities were victims of crime to mean.
Again you would hope that a prosecutor would look at the victims of crime and not care about.
-- -- -- In 1980 Sotomayor joined the board of the Puerto Rican legal defense and education fund in this week's hearings conservatives will likely paint the group as far left.
And questioned sotomayor's twelve year association with it is that normal for.
ABA's it to be politically active I was one of the founder of the local Rican legal forums and ultimately we encourage people -- -- -- Community activities of them.
Schools school board meetings and mutual.
The year Sotomayor left the DA's office the groups sued the NYPD.
Blaming the police promotion exam was biased against Latinos and African Americans.
The city settled the case adding minorities who failed the test to the promotion list.
But white officers with the same low scores were not given promotions.
The white officer -- but did not prevail in a case that went all the way up to the Supreme Court.
Meanwhile Sotomayor took a job at a private law firm and continue to make political connections.
At the urging of New York democratic senator Daniel Patrick -- -- -- president George H.
Bush appointed Sotomayor.
Judge on the US district court.
Sotomayor briefly stepped into the national spotlight in 1990 -- When she issued an injunction that ended a 232.
Day long Major League Baseball strike.
In 1997 President Bill Clinton elevated her to the much more powerful US Court of Appeals.
Since then she has written hundreds of opinions.
Which most legal analysts agree show judicial restraint now two precedent and are largely uncontroversial.
Not so with a number of speeches she's delivered outside her courtroom.
On -- bench her rulings.
Are within the mainstream of American legal thinking decidedly left of most of the time but within the mainstream.
But when she speaks at law schools she is decidedly up pushing the envelope almost as far as it could logically or ethically.
He pushed for a sitting life tenured judge.
In 2001 -- cal Berkeley Sotomayor spoke to the Latino civil rights group La Raza stating quote.
I would hope that a wise Latina woman with the richness of her experiences.
Would more often than not reach a better conclusion than a white male who hasn't lived that life.
She's really talking about the importance of of life experiences.
Two any perspective of any judge.
Janet -- -- GI is the executive director of the National Council of La Raza which means the race.
If a white judge made those comments what would -- process say about that we would look to what that person has to say for himself for for -- -- And I'm absolutely confident that she will be able to explain that comment to the satisfaction of the senate do you think that she can be.
And mainstream Supreme Court.
I absolutely believe that she can be a main stream Supreme Court justice this is someone.
Who has created a very distinguished record working -- in the mainstream with.
-- ended 2005 speech at duke Sotomayor also ridiculed the notion that the role of the judge is simply to interpret the law Court of Appeals is where policy is -- And I know and I know the society -- should it receive it as we don't make law right now.
Conservatives have long accused liberal judges of legislating from the batch.
But they rarely if ever hear one of those judges apparently confessed to it.
Some of her critics on the right think sotomayor's speeches at duke Berkeley and elsewhere should disqualify.
Her from the Supreme Court.
At the same time some of her supporters on the left think Sotomayor.
Just tells it like it is.
Either way it is sotomayor's speeches and her activism.
More than her legal rulings.
That seemed to project most forcefully a characteristic President Obama says he prizes in judicial appointees.
-- I view that all the event the figure.
And identifying with people's hopes and struggles as -- essential ingredient for arriving at just decisions.
-- that's a troublesome approach to judging that should give Americans Paulus says Stuart Taylor.
-- respected legal commentator from National Journal magazine.
They've taken those.
That they will apply the law equally do equal right to reach into the poor.
The empathy line of argument may suggest to some well not really.
We'll do better justice to the poor and to the rich and so that's why it's troublesome I think -- a big corporation comes in in a case.
And if the judge is seen as empathetic.
It's not often that the big corporation is the receiver of the -- yes that's right and then sometimes.
The big corporation is right empathy shades into favoritism it's been taken by a lot of people as meaning.
That the fingers on the scales a little bit.
And -- and that is the issue -- -- justice Sotomayor in the name of empathy.
See fit to place her thumb on the scales of justice from time to time.
And that is exactly what the Senate Judiciary Committee will be looking into.
During these confirmation hearings that begin tomorrow hearings that in the past few decades have been laid to.
That's next on Fox News reporting.
Sotomayor hearings start tomorrow right here on Capitol Hill.
So will there be fireworks and do opponents have any chance of actually derailing this nomination.
Carl Cameron reports.
We're not talking about Tivoli -- we're talking about the confirmation.
Of somebody who's a total war over the American way of life.
You're inside one of the isolated pockets of fierce resistance to the nomination of judge Sonia Sotomayor.
Politics is confrontational.
This is not a vote that the country club.
Larry Pratt is the executive director of the Gun Owners of America.
He says Democrats have long recognized the stakes and have been willing to do whatever they can to keep conservatives off the bench Democrats invented the term working.
The judge meaning safe and neat thing they came into their mind to stop.
Person from being confirmed Robert.
Bork's America is a land of which women would be forced -- back Alley abortions.
Blacks would sit at segregated lunch counters.
That was in 1987 -- President Reagan nominated the conservative judge Robert Bork and within 45 minutes Senator Ted Kennedy launched a blistering attack on the floor of the senate if rogue police could break down citizens' doors in midnight raids.
And schoolchildren could not be taught about evolution what was your reaction when Ted Kennedy made his speech.
Well I thought that it was.
A real break.
From a previous 200 year history of our country on hand how are you handled judges Iowa senator Charles Grassley a Republican.
Has served on the Senate Judiciary Committee since 1981.
For the first to one point five years you were just concerned about qualifications.
Not worried so much about.
They're judicial philosophy as long as they were dispassionate Democrats and their liberal allies including the Puerto Rican legal defense and education fund with Sonia Sotomayor still on its board.
Feared Bork would roll back constitutional protections for among other things abortion.
They were right Stuart Taylor of National Journal it.
I spoke to him recently said when you.
-- -- Roberson swings and of course its most corrupt decision ever made.
As heated as the Bork hearings got the Clarence Thomas hearings got even hotter.
Thomas an African American I Yale graduate and it appeals court judge was nominated by George hw bush yeah.
He seemed set to be confirmed along until he was hit with a lot of -- accusations she felt he spoke about acts that he'd seen and pornographic film.
You were right in the thick of it you know.
Talk a little bit about how that.
Forever altered the confirmation process it was a continuation of -- starter would Bork.
But you know 90% of -- African Americans vote Democrat.
That I expected to every one of them to welcome.
An African American to the Supreme Court but here again.
Political considerations one out.
Conservative activists complain that despite the rules of engagement set by Democrats during the Bork and Thomas hearings.
When President Clinton nominated Ruth Bader Ginsburg and Stephen Breyer Republican senators hardly put up a fight it's.
You know to be -- -- Breyer was.
Was a fairly moderate liberal maybe he's someone who who shouldn't have been vigorously opposed.
But -- justice Ginsburg she was General Counsel of the ACLU had made outrageous statement saying that.
You -- bigamy and prostitution came under the constitutional right to privacy.
That mothers and fathers day needed to be abolished as sexist.
That person should be coed.
Roles were reversed again when in 2005 George W.
Bush nominated John Roberts to the High Court he will strictly apply the constitution and laws.
Not legislate from the bench.
A staunch conservative who served in two Republican administrations it was thought that he was chosen in part because he had no paper trail making him a Bork proof candidate.
I think the Democrats just sort of thought we can't really fight this guy.
We don't have the votes to stop them and they and try very hard.
One of the relatively small number of Democrats who voted against him was a freshman senator from Illinois named Barack Obama.
In explaining his vote Senator Obama said that even though Roberts was quote qualified to sit on the highest court in the land.
He would cast a no vote because Roberts lacks empathy.
-- core concerns.
One's broader perspective.
On how the world works.
And the depth and Brett.
Of one's -- After conservatives -- Bush's next nominee Harriet Miers for lack of clear conservative credentials.
He picked Samuel Alito as a favorite of the right who had a long paper trail on the Court of Appeals.
In the end senate Democrats could not keep Alito off the court -- they -- When some portrayed Alito as racially insensitive.
GOP senator Lindsey Graham came to his defense why as a -- mrs.
Alito left here in -- -- are you really closet bigot.
I'm not any time they -- necessary or not judge -- I am sorry.
The chief had to -- -- it's I am sorry that your family is that he had to sit here and listen this Yale law professor Stephen Carter.
The -- of Judge Sotomayor and I'm hoping and praying really seriously.
Those grown up enough that whatever may -- never charged maybe -- whatever opponents may want to step and saying.
That'll be done with some decorum.
We did make this a very uncomfortable -- I'm not advocating that you.
Get a witness like Anita Hill and -- -- -- through her teeth about Clarence Thomas but I am saying that.
You insist -- I'm sorry Judge Sotomayor but you have not answered my question.
This is serious business for the defense of liberty and if the Republicans articulated that concern.
Then we could see Sotomayor go down.
Senate Judiciary Committee chairman Patrick Leahy a Democrat and Jeff Sessions the ranking Republican.
Will take the lead in tomorrow's hearings but ten nights.
Carl Cameron puts them in the hot seat.
That's next on Fox News reports.
Sonia sotomayor's personal story.
Along with some of the controversial things she said about judging.
And about race but as a judge she's participated in thousands of legal cases and written hundreds of opinions.
A handful of those opinions will receive intense focus at the hearings here again -- camp.
The opinion likely to get the most attention is just a paragraph long and unsigned.
The case -- -- to Stefano involved firefighters in New Haven, Connecticut who took -- written exam.
But when no African Americans qualified for immediate promotion the city threw out the test.
One Latino and seventeen white firefighters who had qualified sued claiming discrimination.
It was a tough even explosive issue.
The three judge panel which included Sotomayor needed less than a page to say the city had acted legally.
In late June the US Supreme Court overturned that decision five to four.
-- -- -- Concluded -- opinion was not -- five album said based on the evidence.
Not only should not go back for further trial but the firefighters won already in and move for them.
Alabama senator Jeff Sessions the ranking Republican on the Judiciary Committee.
Says that to him the brevity of the -- opinion raises important questions about judge Sonia Sotomayor.
Why she word about writing an opinion that dealt seriously with the important constitutional questions and legal questions involved.
And why she didn't do that.
And it was such small circumspect opinion it's -- really in a lot of ways I think -- number of questions need to be asked about that.
Another issue sotomayor's stance on the right to bear arms.
The Supreme Court recently gave gun rights advocates a huge win.
When it ruled that the Second Amendment prevented the federal government from -- individuals from owning guns.
But they stopped short of saying if states can do so.
Later the second circuit addressed that issue.
With Sotomayor on the three judge panel it handed another -- ruling that the Second Amendment does not apply to the states a blow to gun rights.
The issue will likely come up before the Supreme Court and the question is which way Sotomayor will vote.
This -- huge issue that the Second Amendment as Judge Sotomayor held recently.
Does not apply to the stakes the Second Amendment the right to keep and bear arms is -- this -- right.
So her record known and is is gone on trouble.
Another Sotomayor opinion sure to be discussed is didn't vs village of Port Chester -- property rights case.
In -- the court decided against a landowner who claimed when he refused to make a deal the town condemned -- property and had it taken over.
Judge Sonia Sotomayor.
Has had a remarkable career trajectory.
What may attract more attention than her actual opinions however are all of those things she said when she was off the bench.
She herself has suggested that being a wise Latina her rulings might be better than for instance middle aged white guy from Vermont there.
Democrat Patrick Leahy -- Vermont is the chairman of the Senate Judiciary Committee.
I asked her about that.
She says -- very emphatic kindness she said ultimately.
The law is what controls but since college race has permeated her her life.
-- -- permeated her activism whether it was with the the Puerto Rican legal education and I and I would think that in many ways races pervades your life.
As a white -- so you're not just as race permeates my life short end part of the white estate.
-- in the country does that mean.
That I'm going to be.
Objectively or subjectively.
I guess African Americans.
Or Asians but if you 'cause I come from a state that is the -- -- in the nation -- down.
Senator sessions however sees a more serious issue.
One that goes to the very notion of the rule of law.
This idea that well you can let your personal views in politics influence.
How you render a decision in the case is antithetical to American law I'm worried that the president's empathy standard.
In the case and he's a part of this.
Activist judicial idea that that's part of his philosophy and we're going to see a lot more nominees coming down the -- That favor this kind of approach to law I think it's a threat to our system.
-- Senator Leahy thinks justice Sotomayor might just surprise the right pleasantly.
I think you're -- -- more conservative than a lot of people think -- I just thinking -- -- get that feeling I could be wrong there was even talk that Sotomayor might even be less than rock solid.
On the very Supreme Court ruling the left arguably wants to preserve most.
He talked to her about Roe vs.
Should she be quizzed on roe V -- -- position on abortion.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- I.
-- critic here every year I've got to believe -- them.
-- have you ever seen blazer -- Well this -- sets but there are many unanswered questions like how can Judge Sotomayor explain away her views on race.
And the role it plays in judging.
We'll tackle that and more with our panel next on Fox News report.
President Obama -- Judge Sotomayor from the Oval Office Sunday morning to wish her good luck.
As she made final preparations for her confirmation hearings Monday.
So let's bring in our panel Juan Williams news analyst for national public radio.
New York Post columnist -- power and syndicated columnist Charles -- Panel welcome.
Now we have dual anchors with the panel -- -- -- -- -- set before Brett I like your family history are on tonight right.
Clearly one of the first questions in these hearings to Judge Sotomayor is going to be about.
A certain quote.
Part of a speech she gave back in 2001.
And she's delivered in the at least a half dozen other times some have called -- the 32 word issue for her.
Quote I would hope that a wise Latina woman with the richness of her experiences.
Would more often than not reach a better conclusion than a white male who hasn't lived that life.
Question the panel how do you -- expect her to explain this tomorrow and will that answer really be a barometer.
For how these hearings -- Charles.
Well I think it's going to be the toughest issue for our.
Because she use that word better.
She's gonna try to explain here she was simply talking about how -- rich experience.
I think pass.
The poverty of her childhood all of that enrich his her life and she has a -- of the understanding of the -- -- -- -- circumstances -- -- used the -- Better.
And that and there's no explaining that away it means -- superiority.
And it and it is a reflection of the identity politics of liberals and Democrats in which there is.
Sort of ethnic group and -- racial -- groups are endowed with.
Attributes of wisdom and also spoils system.
That are not according to -- two white males.
Now that's going to be hard to explain I think she will fudge it and successfully do so but.
The fact is it was not far -- them they can't say it was not a random statements as you said it was said over and over again it's her core belief.
-- I think it's true event it it probably was her core belief and a navy is Phyllis 'cause she's recently set and I think it's sort of endemic of some NEC -- liberal politics -- a liberal.
And it's sort of she's almost a victim of her generation I feel like of her time where this is a very common way of thinking and I think that.
People my generation maybe have gotten a little bit away from it and so it's even offensive to people like me to -- Things like that the people in her generation don't think so and I think Charles is right she's gonna fudge it she's going to just say.
Look I misspoke or I meant to say that.
Eat you know we all -- from our experience with the Clarence Thomas and his hearings he talked about you know his upbringing the poverty.
-- with the leader though they discussed his the blue collar background and how that informed says.
And we all our product of those experiences and ultimately.
You have to look at my record and that's what I would tell her to -- I would say please just look at my record.
And maybe it didn't end an analysis of cases and dealing with discrimination.
Cases it was found that she and the panel out of 96 cases.
They reject the claim of discrimination and 78 -- but seventy of them so her.
-- just redirected term rulings I think that'll work better for her long.
Well you know what to my mind when I heard the statement.
I thought it was a racial statement if not a racist statement.
I thought it was -- I can't.
And I think that you can't go around making statements like that but now as you put in fact when that statement was discovered and publicly.
Publicized by Republican critics present Obama felt the need.
To come out and respond and issue a statement in which he basically said.
Judge Sotomayor -- wishes she had put her words together in a better fashion.
But that this was not an expression of who she really wasn't I think the reason he did at the -- the White -- responded with they saw.
The explosive possibilities that her critics would break would use.
The statement against her but six times or so putting it in what -- didn't know at that point -- they didn't know they just knew that one time at Duke University now let me just say that I do Hussein.
That someone who grew up -- her experience given the fact that she would only be the third woman on the court and I guess wouldn't she would be.
Third minority person ever to sit on that court after Thurgood Marshall and Clarence Thomas.
-- that she would bring something different than the white males are.
And even the white females who have been exclusive to that body the court Supreme Court of the United States.
Now if she brings a different perspective if she in fact.
Brings her experience isn't that to benefit I think the people of the United States I think it has benefits the danger would be that -- somehow thinks.
I think Charles threatened to Charles -- and -- somehow think that she's in doubt been a much better superior way than white people.
That's a racist statement I'm -- I I think she's qualified all of it you can't get away from the.
Mission even before you know I -- I can't do aspire to be greater than the sum total of my experience as a nation acknowledged that she needs look beyond misusing and it cannot and other places that she needs to -- -- -- and I think.
If you look at some of her cases and she even found in she dissented in a case in favor of a white bigot are so if Republicans.
Managed to get her to step away from these speeches in some way shape or form that's what a small victory for the GOP in this year's confirmation hearing but once she's on the court she will act in accordance with her beliefs and she'll bring.
Kind of control.
Look -- -- cases she obviously you can't act on this sense of superiority because American long.
Cherish is equality and is against the discrimination is against the idea.
They superior wisdom which he spoke about so -- cases she's constraint but when she speaks in -- speech she's speaking out of hard.
And that's where you learn which he really believes deep down where Charles.
In courtroom and that's the way they suggested she is constrained by president -- that's all we're concerned about once Europe Europe on the Supreme Court.
That's a tenured position them for life.
You have no other aspirations you are untethered.
And then you could really -- -- what you believe and it.
He -- wanting -- and you talk about how she's going to play this office you know he I had rich experiences and I had different experiences as a as a minority in as a woman coming to the bench.
But that's not what she said she said better.
She set -- wise Latina judge will come to a better conclusion.
That a white male judge and is there any question that if Sam Alito -- said that about a Latina.
Going into his confirmation hearing there is no way he would -- But what people have a different standard on race -- -- the majority whites -- -- have dominated the United States in terms of racial politics -- identity politics brought that we wouldn't call an identity problem we deal with a white.
You know putting more whites and more whites on the Supreme Court well isn't it just discrimination either way candidate behind it I would agree with you 100%.
I'm just saying that she has announced that the White House has not said.
That she wishes she had to say this in a better way she was simply trying to convey.
That her experience brings added value to.
Her ability to -- that's -- -- Her her luck is in the timing of this -- this had not come out early.
And didn't sort of absorbed and massaged it would -- it would sinker.
If it came out in the middle of the hearings all of a sudden somebody has discovered in his speech said sixth at times -- will be devastated would allow all of us are used to it.
What about if she's got another issue to two things she's got this association with the Puerto Rican legal defense and education fund.
Which senators have described -- the Hispanic UC LU -- it means left it's it's -- for all sorts of causes.
Injecting race into promotion decisions against the death penalty and it's a liberal group and she was -- sport for twelve years how does that play in tomorrow.
And do they ask her about it is is this the one thing she should get asked about.
But won't thin and and if not then what is I mean it's -- the idea.
This is an extremist organization and I just I don't see it that way in -- AC the ACLU is being an extremist organization.
That they oppose the death penalty that -- for affirmative action to me those are liberal positions and I don't think there's any doubt this woman is a liberal person so.
I don't like I really don't think there's anything wrong with it certainly conservatives can bring it up if they want -- -- -- will now be asked and should be passed.
Don't know you want to.
I think one thing they don't they might want ask her about is.
She you know she it says is known that she has diabetes.
And juvenile diabetes and it's known that that can actually cut off -- you can have a much shorter lifespan by about ten years and just ask her.
This year her doctors have any concerns about her health.
I would go right to the recent case the controversial when he asked.
What no I think you've got to ask hurt that the Supreme Court make the wrong decision and overturning your your ruling in the Ricci case.
Charles -- -- I would ask -- about the idea of -- -- essential ingredient how can you believe and empathy.
And you swear an oath if you send -- to the court where you say -- will not respect persons who rich or poor.
It's contradiction how do you explain that.
Panel thank you so much.
And up -- that will be back tomorrow morning at 9 AM eastern with Fox News special coverage.
Of the Sotomayor hearings goodnight everybody from the nation's capital we'll see tomorrow morning.
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