Media Stakeout With Senator Mitch McConnell Following The Weekly Senate Republican Policy Committee Luncheon - Preparations For Confirmation hearings Of Sonia Sotomayor Also Participating: Senator Jeff Sessions; Senator Jon Kyl
Press Conference
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SEN. MCCONNELL: Okay. Welcome back, everyone.
As we all know, a week ago today the president announced his choice for the Supreme Court. I'll be meeting with her this afternoon. You will hear from Senator Sessions shortly, who will -- who's already met with the nominee. Our approach is that, as the president has pointed out, this is a nominee with a long history, been on the federal bench for 17 years, participated in 3,600 cases.
This is a very, very important job -- a lifetime appointment, obviously -- and so we're going to go through the process, read all the cases, other expressions like law-review articles and that sort of thing, so that we can get the full set of facts on this nominee and go forward in the same manner we did recently with Chief Justice Roberts and with Justice Alito.
Our point person, obviously, on this nomination will be the ranking member of the Judiciary Committee, Senator Sessions. And I want to call on Jeff now for his observations.
SEN. SESSIONS: Thank you, Mitch.
It's -- we had a good meeting this morning. Judge Sotomayor is engaging and has a wonderful history, I've got to say. She was a private practitioner, a prosecutor, a trial judge and an appellate judge. That's good background for something like the Supreme Court and gives a good, broad-based experience level.
She's got quite a record, 17 years; 3,600 cases have been identified so far; and there are a large number of unpublished opinions that probably are not included in those numbers and do need to be looked at.
I believe the American people want a judge, want Supreme Court justices who understand that they are subordinate to the law, that they are servants of the law, that they are appointed and not anointed, and that they are servants of the people, and that they have a -- represent a coequal branch that must be faithful in interpreting the Constitution and the laws of the public without regard to personal prejudices or ideas or political convictions.
That's what objective justice is. That's what we need to inquire about with this nominee.
I told the judge that we were going to have a fair hearing. I committed to her that I would do so as I am able to. I told her that when she called the day she was announced. I believe we will have a great hearing, and I look forward -- look forward to it.
SEN. KYL: As a member of the Judiciary Committee, first I want to commend Senator Sessions for getting a staff together that is beginning a tremendous amount of work, and I'm familiar with the beginnings of that work. And I think he's got the Republican members of the committee -- we will be well-informed as a result of the work. But it is going to take a lot of time, as he said, in order to go through all of these opinions.
The one thing that I wanted to say at this point is this. There's already been a lot said about Judge Sotomayor. I think we need to hold our fire until we examine all of these opinions and writings.
The one clear thing that is becoming an issue, and which we will have to examine, and about which I withhold all judgment at this point, is the question of the basis for making decisions.
When President Obama was a senator and he decided to vote against both now Justice Alito and Justice Roberts, he made a statement on the floor. And he said that in 95 percent of the cases judges agree, but that last 5 percent there may not be precedent, there may not be law that dictates the result, and that's when you have to let your feelings, your preconceived notions, your sense of empathy and other factors, enter in, including whether you want to help the little guy.
That's wrong. His test is wrong. And I would hope that this nominee does not agree with the president's test. In the first place, the Supreme Court ends up taking 150 to 200 cases a year out of thousands and thousands of cases that come before the courts. And so, in effect, what he's saying is that almost all of the cases that the Supreme Court decides -- that last 5 percent ought to be decided on the basis of the judges' notions of what is right and wrong, and what should happen, and what the outcome should be in their personal opinion.
That's wrong. That's for the legislators in the state legislatures and for the Congress to decide, as a matter of the legislative branch's jurisdiction. The court is always supposed to apply the law. And, believe me, as a lawyer who has practiced before the Supreme Court, you always have a precedent to argue to the court. You're never without one.
And so I think what this could boil down to -- and we'll have to examine very carefully all of the evidence -- is what this judge's view of judging is. Is it the same as the president's, which I reject? Or is it more in common with what past judges and justices have done in deciding the cases on the merits rather than their own feelings? That's going to be the -- one of the questions that we'll have to examine. And it's one of the things that I'll talk to Judge Sotomayor about this afternoon.
SEN. MCCONNELL: Take a few questions, if there are any.
Q Mr. Leader and Senator Sessions, do you -- the White House has talked a number of times about having a schedule that would allow the judge to participate in the discussions about the upcoming court term. By talking about the number of cases that need to be looked at, are you suggesting that you would oppose any final vote prior to the August recess?
SEN. MCCONNELL: Well, I'll let Senator Sessions comment on it as well, because he'll be our point person on the committee.
I think we need to cover the subject. Justice Roberts -- Chief Justice Roberts had only participated in 327 cases. The fact that Justice Sotomayor has a lengthy record is an advantage, but it also means it takes a while to review all of these cases and whatever writings she may have had.
Senator Leahy said, in conjunction with the other nominees, we didn't want to do it fast, we wanted to do it right. And I think he had that right.
Jeff, you want to add anything?
SEN. SESSIONS: Well, we have a good advantage in that Justice Souter's resignation doesn't take effect until October 5th, when the term ends. And so we are -- we do have -- we don't have a vacancy right now. And I do think that gives us the ability to take our time and do it right. I'm not prepared to say that we can get it done before August.
And so I'll be meeting with Senator Leahy tomorrow. He's been very open about talking about it, and I look forward to talking with him. But there is quite a record here, an unusual amount of record. It -- and I think it does need a careful examination.
Q But what about getting started? Not necessarily getting the nomination done by August, but a hearing in July -- what about getting started with hearings in July? Are --
SEN. SESSIONS: Well, those are all things that I think we'll just have to talk through. But the point that Senator McConnell made I think is valid, which is do we have enough time to do this right by October 5th? And the answer is yes. And "why rush?" would be the question I have.
Q Senator, in January Judge Sotomayor ruled that the Second Amendment does not apply to the states. Is that a ruling that you agree with? Is that something that troubles you?
SEN. SESSIONS: Well, I think it's something that will have to be looked at. I frankly have not studied that opinion, and I look forward to doing that.
Q Do you agree that it does, though? Does the --
SEN. SESSIONS: I just don't know.
Q What about her -- what about her --
Q She has the reputation of being somewhat of a fiery judge. She has -- she's said to have a hot -- rule from a hot bench on the second district -- Second Circuit. Is it important that she reassure you about her temperament and her personality, and how she's going to conduct herself personally as a justice?
SEN. SESSIONS: Well, temperament is a factor in a judge's qualifications. I think that's pretty clear in most of the evaluation process as you go through. But I don't think it's been established that she has a bad temperament. I think that's something that evidence may show as time goes by, one way or the other. But I'm not prepared to comment on her --
Q In your meeting today, what was your -- what was your --
SEN. SESSIONS: Well, she was engaging and animated. And, I mean, we had a good discussion. I enjoyed it, and I think she did.
Q Well -- go ahead -- sorry --
Q Senator McConnell?
Q You -- each of you guys say --
Q Senator McConnell? Senator McConnell --
Q Both you and Senator Sessions voted against Judge Sotomayor's confirmation to the Second Circuit. Does that make it harder to support it now and be open to hearing something new that --
SEN. MCCONNELL: Yeah, the question was, if you couldn't hear it, that I had voted against her elevation to the circuit bench.
No, I -- that was then and this is now. I had some concern that she would be a judicial activist when I opposed her nomination 11 years ago, but that was then and this is now. I'm willing to look at this nomination afresh and look at all of the cases, as we've been suggesting, and make a judgement after we have all the facts.
Q Senator -- (off mike) -- with your concerns from 1998. How do you intend to get at addressing those concerns with her today?
SEN. MCCONNELL: Well, we're going to get at it by the hearings that I'll be observing, not as a member of the committee, but observing and reading things that we learn about this nominee for this most important position over the next few months.
STAFF: Senator -- (inaudible).
SEN. MCCONNELL: Thanks, everybody.
Q Thank you.
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