Sotomayor is quite defensive today. You’re barely being hit and you’re getting testy. (NRO is live blogging here).
Sessions is taking it to her by asking her about her “wise Latina” comment. She says she’s more open minded because of her being a wise Latina. Sessions then asks her about her thoughts behind this comment:
“I am willing to accept that we who judge must not deny differences resulting from experiences and heritage, but attempt, as the Supreme Court suggests, continuously to judge when those opinions, sympathies and prejudices are appropriate.”
Sessions then asks, “Do you think there are any circumstances in which a judge should allow their prejudices to impact their decision making?”
Sotomayor has an answer prepared wherein she strongly says that there’s no way a judge should allow prejudices to decide a case. She attempts to clarify:
Sotomayor:
“Life experiences have to influence you. We’re not robots to listen to evidence and don’t have feelings. We have to recognize those feelings and put them aside–that’s what my speech was saying”
However, Session doesn’t let it go. He knows why she just disavowed what she previously has said in speeches and law reviews.
Sessions:
But that statement was: ‘I willingly accept that we who judge must not deny the differences resulting from experience and heritage but continuously to judge when those opinions, sympathies and prejudices are appropriate.’ That’s exactly opposite of what you’re saying, is it not?
Then Sotomayor goes off script and the results are, uh, confusing. Still, if you get a chance to SEE this on tape, Sotomayor’s gesticulating and, ‘oh no you dih-uhnt’ look reveals a person who doesn’t like being second guessed (I would want to be a fly in her office when her decisions are overturned) and doesn’t believe she should be. She’s haughty. It doesn’t become the moment.
Sotomayor:
I don’t believe so, Senator, because all I was saying is because we have feelings and different experiences we can be– led to– believe –that our experiences are appropriate. We have to be open minded to accept they may not be and that we have to judge always letting those things determine the outcome. But there are situations in which some experiences are important in the process of judging because the law asked us to use those experiences.
Give and take ensues
Sessions: I think it’s consistent in the comments I have quoted to you and in your previous statements that you do believe that your background will accept–affect–the result in cases and that’s troubling me …