Sotomayor criticism not likely to affect her Supreme Court nomination

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The criticism surrounding the nomination of Sonia Sotomayor to the Supreme Court has escalated since her nomination, but MSU faculty are regarding it as nothing more than political chatter.

“I think if the Republicans are smart, they will focus on her judicial philosophy and leave the political gamesmanship out of it,” said Frank S. Ravitch, an MSU law professor and Supreme Court expert.

Only a bombshell could sway the confirmation of Sotomayor, and the only thing that should matter is her judicial record, Ravitch said.

Sotomayor is being critiqued by the media, state and U.S. officials for a statement she made at a 2001 lecture. In the lecture, Sotomayor said a “wise Latina woman” would more often reach a “better conclusion” than a white man who “has not lived that life.”

Many disagree on whether the meaning of Sotomayor’s statement is different when put in context with the entirety of the lecture.

“I think she probably feels that way,” said Benjamin Kleinerman, an MSU assistant professor of constitutional democracy. “It’s probably more a position of difference — a Latina woman is going to see the law differently than a white man … not that she sees the law better.”

Others said proper context would make a difference in the statement’s meaning.

“I think that some important context has to be provided for that,” said Brian Kalt, an MSU law professor and constitutional law expert. “To make the comments certainly less objectionable than they appeared out of context.”

Besides what Sotomayor has said in the past, other critics bring up her Catholic upbringing and its effect on the dynamics of the Supreme Court.

“I suspect that is just going to be an issue that the media is going to raise,” Ravitch said. “I don’t think that one’s religious background should be relevant to one’s judicial confirmation unless one is unable to maintain judicial balance because of one’s religious background.”

Sotomayor is expected to stay mum on her beliefs when it comes to certain topics such as abortion, gay rights and the death penalty, Kalt said.

“What we’ve seen in the last few hearings is that the nominees don’t want to look like they have pre-judged the issue; they want to appear open-minded,” Kalt said.

Some experts believe with a need for Hispanic votes, Republicans might stray from harsh criticisms during the confirmation hearings.

“I think there’s two schools of thought in the Republican Party right now,” Kleinerman said. “There are those that really want to go after her … but I think there’s a lot of more moderate Republicans who don’t want to go after her.”

The Republicans might approach questioning Sotomayor with a different tone, Kalt said.

“I think it’s more a matter of tone than anything else,” Kalt said.

“They will focus on certain issues rather than others … (they will) avoid giving the impression that they are being sexist or racist.”

Serious questions of political philosophy are the only things that may derail her confirmation, Ravitch said.

Confirmation hearings could begin as early as this week.

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