Monday, July 27, 2009 11:16 AM
Tracking The Vote: Who's For And Against
Updated at 12:12 p.m. on Aug. 6 to add Voinovich for Sotomayor.
Between now and when the full Senate votes on Sonia Sotomayor's nomination to the Supreme Court, this blog is tracking which senators officially announce whether they will vote "yea" or "nay." We are compiling the list according to statements only, not general sentiments.
Here's the running tally:
Total for: 38
Total against: 31
Republicans for: 9
Republicans against: 31
Democrats for: 29
Democrats against: 0
Final Judiciary Committee vote: 13-6
After the jump, see a chronological list of which senators have said how they're going to vote along with a brief excerpt from their remarks when available.
Voting For Sotomayor:
• Sen. George Voinovich, R-Ohio: "I believe the factors to be examined in determining whether a Supreme Court nominee is qualified include her education, prior legal and judicial experience, judicial temperament, and commitment to the rule of law.... I have determined that Judge Sotomayor meets the criteria to become a justice on the Supreme Court." (Aug. 6)
• Christopher (Kit) Bond, R-Mo.: "I could easily say, as Senator Obama said, that I disagree with a nominee's judicial approach and that allows me to oppose the nominee of a different party. Luckily for President Obama, I do not agree with Senator Obama.... I agree that Judge Sotomayor has proven herself a well-qualified jurist." (Aug. 5)
• Christopher Dodd, D-Conn.: "Her writings and her thoughtful answers to difficult questions asked by my fellow senators make it clear that Judge Sotomayor is committed to the principle of equality that forms the foundation for America's system of laws." (Aug. 5)
• Judd Gregg, R-N.H.: "Although Judge Sotomayor and I may not see eye-to-eye on all issues or share the same political ideologies, our democratic system should allow for such differences." (Aug. 5)
• Ben Nelson, D-Neb.: "The record shows she is not an activist," he said in an interview with the Lincoln, Neb., Journal Star. She has "a great respect for the law." (Aug. 3)
• Max Baucus, D-Mont.: "I am proud to support her nomination and will vote to confirm her as a justice to the United States Supreme Court." (July 31)
• Kay Hagan, D-N.C.: "She has an established record as a moderate judge whose decisions show a respect for precedent." (July 30)
• Evan Bayh, D-Ind. (July 30)
• Jon Tester, D-Mont. (July 30)
• Lamar Alexander, R-Tenn.: "Even though Judge Sotomayor's political and judicial philosophy may be different than mine, especially regarding Second Amendments rights, I will vote to confirm her because she is well qualified by experience, temperament, character and intellect to serve as an Associate Justice of the United States Supreme Court." (July 30)
• Harry Reid, D-Nev.: "I am going to vote for this very qualified woman." (July 29)
• Patrick Leahy, D-Vt: "As her record and her testimony before the Committee reinforced, she is a restrained, fair and impartial judge who applies the law to the facts to decide cases. Ironically, the few decisions for which she has been criticized are cases in which she did not reach out to change the law or defy judicial precedent -- in other words, cases in which she refused to 'make law' from the bench." (July 28)
• Herb Kohl, D-Wis.: "At her hearing, Judge Sotomayor assured us that she will listen with an open mind to all sides of an argument and that she will be mindful of the very real impact her decisions will have on each and every American. She pledged fidelity to the Constitution and to the Court's precedent, as well as a responsibility to cautiously review precedent when justice requires." (July 28)
• Dianne Feinstein, D-Calif.: "I think this woman has done a splendid job. She has shown a dedication to the law. This has been tested and tested. She has shown before us judicial temperament. This has been probed and picked at. I find no example of infidelity to the law." (July 28)
• Russell Feingold, D-Wis.: "There is no doubt she is highly qualified, and I think we saw during those four days of hearings that she has an admirable judicial temperament and demeanor that will serve her well on the Court." (July 28)
• Charles Schumer, D-N.Y.: "No one can seriously doubt her excellence, and I don't think anyone here does. On moderation, I have a hard time understanding how anyone could conclude that she is anything but moderate. In cases ranging from business to criminal law to immigration, she is squarely within the mainstream. In her 17 years on the bench, she has not produced even a stray comment that could be viewed as outside the mainstream." (July 28)
• Sheldon Whitehouse, D-R.I.: "I appreciate her background as a prosecutor, and her non-controversial seventeen-year record as a federal judge makes clear that she is dedicated to the rule of law, has a proper judicial temperament, and will give each party before her a fair hearing." (July 28)
• Amy Klobuchar, D-Minn.: "Judge Sotomayor's experience as a prosecutor tells me that she meets one of my criteria for a Supreme Court justice. I'm looking for someone who deeply appreciates the power and the impact that laws and the criminal justice system have on real people's lives." (July 28)
• Al Franken, D-Minn.: "Over 17 years and in 3,000 cases, Judge Sotomayor has proven herself to be an objective, impartial jurist -- a fair judge. In her life, Judge Sotomayor has overcome a lot -- more than most people who have accomplished as much as she has. But her record alone is reason enough to vote for her." (July 28)
• Sherrod Brown, D-Ohio: "Judge Sotomayor has demonstrated that she will be a tough, fair, and thoughtful addition to the U.S. Supreme Court. She's had more federal judicial experience than any other nominee in more than a century and her unique life experiences will bring new perspective to the court." (July 24)
• Ted Kaufman, D-Del.: "Throughout her career, she has taken each case that comes without predilection, giving full consideration to the arguments of both sides before reaching a decision. That is precisely the approach to judging we need on today's Supreme Court." (July 24)
• Lindsey Graham, R-S.C.: President Obama "deserves some deference on my part when it comes to his first selection to the Supreme Court.... She has not been an activist judge in the sense that would make her disqualified in my view, left-of-center reasoning, but within the mainstream. She has an outstanding background as a lawyer." (July 22)
• Susan Collins, R-Maine: "I know that I will not agree with every decision Justice Sotomayor reaches on the court, just as I disagree with some of her previous decisions. However, upon reading these decisions, talking personally with her, and hearing her responses to probing questions, I have concluded that Judge Sotomayor understands the proper rule of a judge and is committed to applying the law impartially without bias or favoritism." (July 21)
• Tim Johnson, D-S.D.: "She has made it clear that her personal experience does not compel a particular result and prejudice never has a role in her judging. Judge Sotomayor has a strong record for being a tough justice on violent crime and criminal cases." (July 21)
• Mark Udall, D-Colo.: "Judge Sotomayor navigated her Senate confirmation hearings with grace.... She took tough questions and gave clear and forthcoming answers. Her poise through hours of questioning is a testament to her strength of character. And my study of her record convinces me that she would be an unbiased judge." (July 21)
• Jeff Merkley, D-Ore.: "In my conversation with her and again in her testimony before the Judiciary Committee, I was struck by Judge Sotomayor's close attention to details, tremendous breadth of understanding and strong respect for precedent. Her long service on the bench has given us ample opportunity to review her record, and she is clearly a judge whose commitment and fidelity to the Constitution and its abiding principles shines through." (July 20)
• Mark Warner, D-Va.: "Judge Sotomayor's commitment to public service, extensive judicial experience, and fidelity to the law make her an excellent candidate to serve on the Supreme Court of the United States." (July 20)
• Ben Cardin, D-Md.: "Her forthright responses throughout the hearing have solidified my confidence that she will follow the law to preserve the protections found in our Constitution." (July 17)
• Richard Lugar, R-Ind.: "Judge Sotomayor is clearly qualified to serve on the Supreme Court and she has demonstrated a judicial temperament during her weeklong nomination hearing" (July 17)
• Mel Martinez, R-Fla.: "Judge Sotomayor's rise to the Supreme Court is testimony to the fact that the American dream continues to be attainable. As an Hispanic American, I take great pride in Judge Sotomayor's historic achievement. Given her qualifications and testimony this week, I intend to vote in favor of her confirmation." (July 17)
• Olympia Snowe, R-Maine: "I was pleased that Judge Sotomayor repeatedly recognized in her responses... that 'the job of a judge is to apply the law' rather than independently make policy, and that it is the law, rather than one's own sympathies that 'compels conclusions in cases.'" (July 17)
• Arlen Specter, D-Pa.: "At the hearings she displayed intellect, restraint and judicial demeanor. As the third woman and the first Hispanic, she will add needed diversity to the Supreme Court." (July 17)
• Kirsten Gillibrand, D-N.Y.: "Judge Sotomayor will bring the wisdom of all her experiences to bear as she applies the rule of law, and will grace the Supreme Court with the intelligence, judgment, clarity of thought and determination of purpose that we have come to expect from all great justices on the Court. I strongly support Judge Sotomayor's nomination and firmly believe she will prove to be one of the finest justices in American history." (July 13)
• Barbara Boxer, D-Calif. (July 13)
• Dianne Feinstein, D-Calif.: Will "take enormous pride as a woman in voting for her." (July 12)
• Claire McCaskill, D-Mo.: "Sotomayor affirmed criminal convictions 92% of the time.Follows the law and precedent. I support her and so will most of the Senate." (July 8, via Twitter)
• Mary Landrieu, D-La.: "I believe she is the kind of person that will bring not only strong intellect and character and credibility, but a tremendous breadth of experience that will be very helpful to the court and the issues before them today and in the near future." (June 25)
• Jeanne Shaheen, D-N.H.: "In my meeting today with Judge Sonia Sotomayor, she told me that coming from New York, working as a prosecutor and later as a federal judge, you've got to be tough. And she showed that toughness today by keeping our meeting despite fracturing her foot this morning. Throughout the meeting, I was greatly impressed with Judge Sotomayor. I already knew that she was intelligent and independent. I now know that she is also warm and engaging, and I found her to be very down to earth. All these qualities will serve her well as our next Supreme Court Justice. I look forward to a fair and swift confirmation for Judge Sotomayor to the Supreme Court." (June 8)
Voting Against Sotomayor:
• John Barrasso, R-Wy.: "The Senate should know with absolute certainty the standard that Judge Sotomayor will use before confirming her to the Supreme Court. Without having that certainty, Mr. President, I am unable to support her nomination." (Aug. 5)
• Michael Enzi, R-Wy.: In Sotomayor's "record I've found a tendency to at times place more emphasis on personal experience than the most fundamental parts of our Constitution. I must oppose Judge Sotomayor's nomination." (Aug. 5)
• Lisa Murkowski, R-Alaska: "As much as I like Judge Sotomayor and I am impressed with the obstacles she has overcome, there are aspects of Judge Sotomayor's record that make me uncomfortable." (Aug. 5)
• John Ensign, R-Nev.: "I believe she has demonstrated a propensity to rule with purpose-driven results and has indicated a particular interest in international standards or laws to decide U.S. constitutional questions." (Aug. 4)
• John McCain, R-Ariz.: "Again and again, Judge Sotomayor seeks to amend the law to fit the circumstances of the case, thereby substituting herself in the role of a legislator. Our Constitution is very clear in its delineation and disbursement of power. It solely tasks the Congress with creating law." (Aug. 3)
• Saxby Chambliss, R-Ga.: "I am a strong supporter of the [Second] Amendment, and I am concerned about her reasoning in cases where she has considered this issue. Her lack of well-reasoned opinions is also troublesome." (July 30)
• Johnny Isakson, R-Ga.: "Judge Sotomayor's statement that the Second Amendment of the Constitution is not a fundamental right and that it does not apply to the states and local governments is inconsistent with my and, I believe, most Georgians' understanding of the Constitution." (July 30)
• Richard Burr, R-N.C.: "I am troubled by her decisions in cases where she appears to have relied on something other than well-settled law to come to a decision. My fear is that she has been unable to separate her personal belief system from that of the letter of the law." (July 29)
• Bob Corker, R-Tenn.: "I view the Supreme Court as a body charged with impartially deciding what the law means as it is applied to a specific case. I believe Judge Sotomayor views the Supreme Court as more of a policy-making body where laws are shaped based on the personal views of the justices." (July 29)
• Jim DeMint, R-S.C.: "She still refuses to affirm the clear reading of the Second Amendment as a fundamental right that applies to all Americans. Yet, on the issue of abortion, she speaks of a woman's constitutional right to 'terminate' a child, which is not written in our Constitution and says not a word of legal protections for an innocent unborn child." (July 29)
• Kay Bailey Hutchison, R-Texas: "After her meeting with me and her testimony before the Judiciary Committee, I remain concerned about her views on the Second Amendment. I cannot reconcile her opinion that the Second Amendment is not an individual right protected from State infringement with the Supreme Court's Heller decision." (July 28)
• Richard Shelby, R-Ala.: "During her confirmation hearings and after meeting with her privately, she was unable to allay my concerns regarding two major issues she has considered -- Second Amendment rights and race-based preferences." (July 28)
• David Vitter, R-La.: "The Constitution is clear that Supreme Court justices must interpret the law and not legislate from the bench. I'm not certain that Judge Sotomayor can meet these mandates, and more important, I believe President Obama is counting on her to do so based on his own past statements in support of an activist judiciary." (July 28)
• Tom Coburn, R-Okla.: "I think she's a great lady and has accomplished a lot." But "I think the words of our founders mean more than previous judges' words." (July 27)
• Charles Grassley, R-Iowa: "I can say my vote for [Justice Souter] is probably the only vote for 11 or 12 Supreme Court justices that has come back to haunt me from time to time. I think Judge Sotomayor's very lukewarm answer that she gave me [on separation of powers] left me with the same pit in my stomach I had as a result of my vote for Souter." (July 27)
• James Risch, R-Idaho: "[H]er belief and pronouncement that the Second Amendment is not a fundamental right is something I cannot accept. Her answers to questions on the use of foreign law to interpret our Constitution did nothing to ease my concern that she would not look to the laws of other countries when interpreting the Constitution. That should not happen under any circumstance." (July 27)
• Mike Crapo, R-Idaho: "Her [confirmation hearing] testimony was evasive and lacked substance; in some circumstances, it was misleading and even contradictory to her own previous statements and writings." (July 27)
• Mike Johanns, R-Neb.: "Analyzing Judge Sotomayor's record, I was concerned that the nominee would not unquestionably set aside her biases and be able to decide cases impartially based upon the rule of law. However, meeting with Judge Sotomayor and listening to her responses when questioned by my colleagues only raised further doubts." (July 27)
• Jeff Sessions, R-Ala.: "I don't believe that Judge Sotomayor has the deep-rooted convictions necessary to resist the siren call of judicial activism. She has evoked its mantra too often. As someone who cares deeply about our great heritage of law, I must withhold my consent." (July 27)
• John Cornyn, R-Texas: "Regarding her most controversial decisions, she refused to explain them on the merits. She did not explain her legal reasoning or the constitutional arguments she found persuasive. She hid behind process arguments and judicial procedure whenever she could. She assured us her decisions were guided by precedent -- even when many of her colleagues on the Second Circuit and a majority of the Supreme Court disagreed." (July 24)
• Orrin Hatch, R-Utah: "After thoroughly reviewing Judge Sotomayor's record and being able to hear her testimony and responses during the hearing process, I reluctantly, and with a heavy heart, have found that I cannot support her nomination to the U.S. Supreme Court." (July 24)
• Thad Cochran, R-Miss.: "In writings and speeches Judge Sotomayor repeatedly stated that a judge's personal experiences can and will impact judicial outcomes.... These statements raise serious concerns regarding the lack of commitment to the notion of equal justice under the law." (July 22)
• Jon Kyl, R-Ariz.: "Unfortunately, I have not been persuaded that Judge Sotomayor is absolutely committed to setting aside her biases and impartially deciding cases based upon the rule of law. And I cannot ignore her unwillingness to answer senators' questions straightforwardly. For these reasons, I oppose her nomination." (July 22)
• Roger Wicker, R-Miss.: "Her record is that of someone who sees the courtroom as a place to legislate and make policy. This kind of judicial activism has no place in any court, particularly the Supreme Court." (July 21)
• John Thune, R-S.D.: "Her statements during the confirmation hearing before the Judiciary Committee do not always match the philosophies she has expressed prior to this hearing, such as her application of foreign law." (July 20)
• Mitch McConnell, R-Ky.: If "Judge Sotomayor were to become a Supreme Court justice, there would be no backstop. Her rulings would be final. She'd be unencumbered by the obligation of lower court judges to follow precedent. She could act more freely on the kinds of views that animated her troubling and legally incorrect ruling in the Ricci [v. DeStefano] case. That's not a chance I'm willing to take." (July 17)
• Robert Bennett, R-Utah: "Although Judge Sotomayor has strong credentials, extensive experience and an impressive background, I have come to the conclusion that her record while serving on the Second Circuit argues against promoting her to the highest court in the land." (July 17)
• Jim Bunning, R-Ky.: "As a justice of the Supreme Court, she is in the position to set precedent. When I asked her simple questions about how she would treat certain subjects, she retreated to saying that she would use precedent to decide how to proceed. I found this unsatisfactory because she would be setting precedent as a member of the Supreme Court." (July 16)
• Sam Brownback, R-Kan.: "Judge Sotomayor has indicated through past rulings and in her writings that she believes the judiciary should take an activist role and make laws, instead of upholding the law. As Chief Justice Roberts said, a justice should be an impartial umpire, not a player in the game. I am afraid Judge Sotomayor wants to be more of a player than an umpire." (June 24)
• James Inhofe, R-Okla.: "That was a foregone conclusion.... If you voted against anyone on the circuit [court], I have never been able to see how you turn around when the bar is actually higher and support it at a higher level.... She stated in different times of her career that she believes that circuit courts should be making policy and not just interpreting the law as it exists." (June 17)
• Pat Roberts, R-Kan.: "I voted no in 1998. I did not feel she was appropriate on the appeals court. Since that time, she has made statements on the role of the appeals court I think is improper and incorrect." (May 28)


Robert Chapman
Tuesday, July 21, 2009
Senator Brownback's comment is hypocritical to the extreme.
During his confirmation hearings, John Roberts stated that he was a strict constructionist who believed that state legislative bodies were the proper authorities to decide moral questions and legislate.
In his VERY FIRST action as Chief Justice, Roberts granted certiori to review Oregon's legislatively crafted laws regarding end of life care and physician assisted suicide.
The Chief Justice, ike his Conservative allies in the Senate clearly DO NOT believe that state legislatures are qualified to make moral decisions and have NO COMPUNCTIONS about legislating from the bench.
What Brownback would be saying if he possessed moral courage, is that he will not support Judge Soto-Mayor as a Supreme Court Associate because she is not a CONSERVATIVE ACTIVIST.
Steve
Thursday, July 23, 2009
Some liberal senators say her answers were 'forthcoming' during her confirmation hearings? Sounds like hogwash to me. I'm not 100% against this woman but to say that she clearly answered questions is simply not true.
Jack
Saturday, July 25, 2009
Ted Kaufman (D-DE) officially announced his support of Judge Sotomayor today (7/24) on the floor during morning business. I also believe Sherrod Brown (D-OH) put out a press release today (7/24) announcing his support for Judge Sotomayor.