Sotomayor's Confirmation Hearings

" There and let me go to you because you not only prepare Justice Roberts you prepared Justice Alito to go into those hearings. What is going on behind the scenes right now for Sotomayor to prepare her. For what is expected to be an even tougher session of grilling even though many Republicans. No the likely initial get easily confirmed."

" Well I'm not sure how much tougher to be Justice Alito was put through his paces with some pretty I think low. Low blows by some of the Democrats on the committee I hope the Republicans. Don't take that approach I don't think they will I believe they would treat the nominee with proper respect. Ask the important questions that need to be asked and answered this is a lifetime appointment to his Supreme Court were talking about. And she deserves the opportunity to answer some of these questions and address. Some of these issues about her judicial philosophy whether or not she believes that it is appropriate for for example the second circuit to make policy from the bench whether or not you really. Brings to bear her gender and ethnicity and making rulings. I think there's an opportunity here for her to. Dispel some some misperceptions or. You know find some trouble along the way I suspect but what's going on now is people in the White House and the Justice Department. Have finished their briefings with Arab they've anticipated the questions are going to get from the Judiciary Committee is as best they can now you know they have to let the nominee be the nominee which is a challenge sometimes you know these judges and she's -- a judge for a long time. They are not accustomed to being judged and that is so the situation which you'll find yourself for the next couple of days."

" You know Michael we were talking just moments ago about the case of the New Haven fire department there was a lot of talk about the fact the fact he's was overturned. Does that. In any way impugn her ability to take this role on the Supreme Court -- just once again illustrate what -- was talking about before which is she sticks specifically tour of the law."

" It no it's that it's the bomb case that will give her trouble I suspect aid because it involves -- so high voltage issues so to speak and be. But people are criticizing is not so much. -- ruling being -- but. That there wasn't a way no ruling she handled the case in the very very cavalier fashion and just try to bury it and make them the difficult issue go away. And if anything calls concerned that rather than the disposition of the case you know. Blue book concerning. The senator's well elephants and people."

" Well well when you agreed this is perhaps one of the bigger bombs on the road for her."

" Well I I agree that Michael that it did it certainly has more political wattage you know it's. If it's strictly that way but you know if if if anyone understands the way the judiciary work this this is this decision was a panel of marine. Three individuals and three others who have been appointed by a Republican -- two others have been abruptly by Republican presidents. And she was following the wall as every circuit understood it to be at that particular moment in time. So we know you want to judge supposedly that follows the law doesn't go in break new ground she did exactly that it's a supreme court's prerogative. To interpret things differently and they did it it was a 54 decision. And does so -- so I I think that this is that a case that -- while interesting and it'll it'll be there for the public. Saw him -- might or did nothing wrong in in in terms of this particular panel in a lot of panels. Do things -- exactly like this for Kerry numbered service summarily affirm or. You don't look the other way against district court's."

" You know -- talk about the Senate Judiciary Committee and how many votes ultimate leave the Republican senators can get as votes against her summer saying the magic number. A no votes is 23. Because that would be one more than Chief Justice John Roberts. But they're they're calling it typical lying near because they also don't want new impact is Hispanic vote. Tell me about that process there what is the Republicans want to demonstrate these hearings."

" I think they want to discern her judicial philosophy and what is the impact that we'll have. On the court I think given the the nature of the make up in the fact this has been noted here she's not likely to shift the balance of of the court to. At all in fact in the -- case obviously the the person she's nominated to replace sided with her. But I do think that that treating her with respect is important that I think that by the way is true of Justice Alito he should have been treated with more respect in the been been some of the committee Democrats showed him so. That's sure whether or not your white male or let Tina. But I do think there's a question before Republicans which is are they going to accept. The standard Senator Obama then Senator Obama applied to nominees Roberts and Alito. Or. You know -- by the get a still hold to the traditional deference to the executive branch in this. Now Democrats said with Roberts Alito both. Whether or not they're qualified in terms of intellect and record. And temperament and and intelligence we have we think they're going to vote go down the line ways we disagree with we're going to oppose them and that was a new standard that was brought to bear so half the Democrats and senate voted against. Chief Justice Roberts right forty out of 44 voted against Justice Alito and I think Republicans have determine if they're going to adopt that standard -- not."

" you change one thing -- want to bring up as of the more personal nature her story is a very personal and as straight a lot people identified with when the president brought her out. To announce her. But she also has type one diabetes who want people are wondering that -- very different position she's relatively young she could be on the high point for a couple of decades. Hadn't seen anything like this what are people saying about that."

" Well this I was actually come up in her dress for actual record and an interesting way one of the criticisms that's been made -- for is that. She gave this famous wise Latina woman speech in which she talked about. Drive on one's personal experience and it's -- the speech was a model of neither clarity nor consistency so it's hard to tell exactly what she meant by that but. People taken to mean she doesn't really necessarily believe in judicial impartiality well here's an argument against that. In 1997 when she was a trial judge -- case came before her involving a barred jail inmate in New York City who have type one diabetes. And was claiming that the prison officials have denied him his medicine are not given to improperly. She disqualified herself from that case and handed over to another judge on the grounds that she had personal knowledge of the case because she had type one diabetes. It seems to me that she didn't really need to do that and I think most legal experts agree that that was an excess of caution so that to me -- says that she has sought some integrity and not regard."

" Attend all four and you just quickly before we wrap up like yea or Ney did she get confirmed to roll well let's start with GO."

" Yes CA and remember that she is a New York Yankee fan and all the good things happen New York Yankee fans."

" With the numbers in the Senate today in the democratic. -- majority of sixty it's hard to see how she wouldn't like all. To get easily come from James I yes shall be confirmed with the votes of the two Massachusetts senators despite her being Yankee fan."

" Good point James I gentlemen thank you very much terrific having all of you want I appreciate it."