NOMINATION OF SONIA SOTOMAYOR TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES--Continued -- (Senate - August 05, 2009)
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Mr. BENNET. Mr. President, I, too, rise in strong support of the President's historic nomination of Judge Sonia Sotomayor to be Associate Justice of the U.S. Supreme Court.
The Senate has no more important responsibility than to advise and consent on nominations to our Nation's highest Court. It will be an honor, on behalf of the people of my State, to cast my vote to confirm Sonia Sotomayor.
Judge Sotomayor is a distinguished lawyer with a lifetime of experience in and out of the courtroom, as a litigator, a prosecutor, a trial judge, and an appellate judge on one of the most prestigious courts in the Nation.
At an early point in her career, she showed a dedication to public service, serving 5 years as an assistant district attorney in New York City. As a prosecutor, she focused on murder and robbery cases at a time when violence was high in New York and law and order was essential. And she has chosen in recent years to share her knowledge and experience with young legal scholars as an adjunct professor at local law schools.
Three Presidents from both parties have also agreed she merits a prestigious lifetime judicial appointment. That is impressive bipartisan support at our Nation's highest levels.
The question before the Senate is whether the nominee meets the high standards we rightfully expect of our Supreme Court Justices. It is our role to advise and consent on whether a President's nominee seeks to apply the law and not to make or remake it. On both of these fronts, Judge Sotomayor meets and far exceeds the mark. She is clearly a judicial moderate and has demonstrated this through a Federal judicial record longer than any nominee in the last 100 years.
As Federal district court judge in the Southern District of New York, Judge Sotomayor presided over roughly 450 cases. As a member of the Second Circuit Court of Appeals, Judge Sotomayor has participated in over 3,000 panel decisions and authored over 400 published opinions.
Seldom does the Senate have a record as long as Judge Sotomayor's. There is no mystery here about what kind of Justice she will be.
Since joining the second circuit, she has participated in 434 published panel decisions where the panel included at least one judge appointed by a Republican President. In these cases, Judge Sotomayor agreed with the result favored by the Republican appointee 95 percent of the time. She has ruled for the government in 83 percent of immigration cases, and 92 percent of criminal cases. She has hewed closely to second circuit precedent. On employment cases, she has split her decisions evenly. By all accounts, she is a mainstream moderate nominee.
The American Bar Association unanimously found her well qualified. She is someone with a long record of moderation and humility toward the law. Her work is driven by a thorough application of the law to the facts of each case. Our focus and the basis for support or opposition should be on her qualifications and record. And on this point, she clearly should be confirmed.
This week, we have a historic opportunity to add a mainstream, moderate judge to our Nation's highest Court. President George H. W. Bush saw this kind of potential in her when he nominated her to the Federal district court, and she has fully realized his faith in her, so much so that she stands on the brink of history after being nominated by President Obama.
Judge Sotomayor has all the professional ingredients to make a great Supreme Court Justice. It is on that basis she should be confirmed by this body by an overwhelming vote.
But there is more to Judge Sotomayor than this impressive legal career. Judge Sotomayor has also lived a truly American story. The daughter of Puerto Rican parents, Judge Sotomayor lost her father at the age of 9 and was raised in a housing project in the Bronx. Through strong-willed parenting by her mother, she rose from difficult circumstances to receive the very highest honor that Princeton awards to an undergrad. She also went to Yale Law School where she had a much more distinguished career than my own.
When she is confirmed as the first Hispanic and third woman ever to be nominated to the Supreme Court, Judge Sotomayor will be an inspirational example to all children all across the country, telling us that regardless of where you come from, regardless of your economic circumstances, nothing is beyond your reach in America.
Judge Sotomayor will be a role model for young Coloradans in all of our schools, and with her on the high Court, I fully expect that school-age girls, such as my three daughters, will have an important role model of success to follow in their own lives.
These intangible factors make her nomination an important statement for millions of young Americans setting out on their own paths.
I have the utmost faith in Sonia Sotomayor. The President made an excellent nomination. Through sheer persistence, hard work, intelligence, and integrity, she has become an inspiration to the American people, and she is a compelling reminder that in this Nation, everything is possible.
I am proud to commit my vote in favor of this nominee.
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