Senate Debate on Empathy
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Text From the Congressional Record


Boxer, Barbara [D-CA]
 
Begin 2009-08-06 13:48:13
End   13:56:07
Length 00:07:54
Mrs. BOXER. Mr. President, at that time, we wrote, in part:


The most important thing is to nominate an exceptionally well-qualified, intelligent person to replace Justice Souter--and we are convinced that person should be a woman.

That was the letter that was written by a Democrat and a Republican Senator who believe strongly that it does matter, when you only have one woman on a Court of nine, as we do right now--until we vote--it is just not enough.

President Obama has nominated an exceptionally well-qualified and intelligent woman. She has more experience on the Federal bench than any Supreme Court nominee in the last hundred years.

Judge Sotomayor received the highest rating from the American Bar Association, and she will be an outstanding addition to the high Court.

When she is confirmed, she will become only the third woman ever to don the robes of a Supreme Court Justice. She will make history as the Nation's first Hispanic Supreme Court Justice.

This is a proud moment for our entire Nation, and especially for the 13 million Latinos in California and the 45 million Latinos nationwide. She already is a role model for so many young women.

As Justice Sandra Day O'Connor said in a recent interview:

About half of all law graduates today are women, and we have a tremendous number of qualified women in the country who are serving as lawyers. So they ought to be represented on the Court.

In the weeks since she was nominated, Judge Sonia Sotomayor has proven that she has the right judgment and the right temperament to serve on the Nation's high Court. This is a proud moment for our Nation, a very proud moment.

She demonstrated, during a week of intense questioning before the Judiciary Committee, that she is tough, she is smart and, most importantly, she knows the law.

During those hearings, she made clear that she understands the role of a judge, which is to apply the law to the facts of each and every case. She said:

In the past month, many Senators have asked me about my judicial philosophy. It is simple: fidelity to the law. The task of a judge is not to make law. It is to apply the law.

Her 17-year record as a Federal judge demonstrates a respect for the law and for precedent.

Let me read some comments from Judge Sotomayor's many supporters. Robert Morgenthau, District Attorney for the County of New York, said:

Judge Sotomayor's career in the law spans three decades, and [she] worked in almost every level of our judicial system--prosecutor, private litigator, trial court judge, and appellate court judge. ..... She is an able champion of the law, and her depth of experience will be invaluable on our highest court.

Kim Askew, chair of the American Bar Association's Standing Committee on the Federal Judiciary, said:

[Judge Sotomayor] has a reputation for integrity and outstanding character. ..... Her judicial temperament meets the high standards for appointment to the court.

I have to say, having watched some of the very tough questioning of Judge Sotomayor--if I might say, questions that were asked and answered, asked and answered, and asked and answered--the judge showed she understood that the Senators had a right to be tough, had a right to ask her anything they wanted, and she stood her ground beautifully.

Second Circuit Chief Judge Dennis Jacobs said:

Sonia Sotomayor is a well-loved colleague on our court--everybody from every point of view knows that she is fair and decent in all her dealings. ..... The fact is, she is truly a superior human being.

We all bring different experiences to our work. The judge has had experiences growing up as a young Latina that have shaped her life, and she has a firsthand appreciation of the American dream.

She was raised in a South Bronx housing project. Her father, a factory worker, died when she was only 9 years of age. Her mother worked two jobs to support the family. From this humble background, she graduated summa cum laude from Princeton and became an editor of the Yale Law Review.

As a woman, Judge Sotomayor will bring a different perspective than her male counterparts on the high Court. As we have said, those of us who feel it is important to have women represented, whether it is in the Senate, the House, or in corporate boardrooms or on the Supreme Court, a different perspective is important. I will give you an example of why I believe this.

During oral arguments in a recent Supreme Court case involving a 13-year-old girl who was strip-searched, Justice Ruth Bader Ginsburg pointed out that her male colleagues didn't understand the humiliation a teenage girl would feel from being strip-searched. Justice Ginsburg said the obvious:

They have never been a 13-year-old girl. It's a very sensitive age for a girl. I didn't think that my colleagues, some of them, quite understood.

So Justice Ginsburg pointed out in that one case how important it is to have this type of diversity on the court. As the Nation's first Latina Supreme Court Justice, Judge Sotomayor will bring a unique set of experiences to her role; and the Court will be a richer place because of her perspective.


I commend our President for selecting such an outstanding, well-qualified nominee.

I congratulate Judge Sotomayor for the very dignified manner in which she carried herself throughout this long, grueling process.

As President Obama said when he nominated her:

When Sonia Sotomayor ascends those marble steps to assume her seat on the highest Court of the land, America will have taken another important step toward realizing the ideal that is etched above its entrance: Equal justice under the law.

I look forward to seeing her sworn in as our next Supreme Court Justice.