In the first significant mention of the economy in the confirmation hearings so far, Sonia Sotomayor said she would not answer a question on whether Congress has the constitutional authority to regulate financial markets.

"You've just raised the very first question that will come up when Congress passes an act," Sotomayor replied to the questioning senator, Ted Kaufman, D-Del. "Because I can assure you, knowing every time Congress passes an act, there's a challenge by somebody."

She dodged the question, though: "As soon as it's applied to someone and in a way that they don't like, they're going to come into court. So I -- I can't answer that question."

When Kaufman pressed her again -- albeit in a slightly more general way -- she said, "Congress has certain constitutional powers. One of them is to pass laws affecting interstate commerce."