July 13, 2009
Posted: July 13th, 2009 11:15 AM ET
Kyl raised issues with past Sotomayor statements.
Kyl raised issues with past Sotomayor statements.

WASHINGTON (CNN) – Arizona GOP Sen. Jon Kyl said Monday that while Judge Sonia Sotomayor's "background creates a prima facie case for confirmation," many of her past statements regarding the role of race and gender in judicial decision-making have raised serious questions about her suitability for the high court.

Among other things, Kyl cited Sotomayor's oft-cited comment that a wise Latina woman should be able to reach a better ruling than a white man.

Every person should have emphathy, Kyl also argued, but it is problematic when empathy becomes the key "ingredient" in reaching decisions.

Kyl also cited a comment once made by Sotomayor that U.S. courts need to take international law into account in certain instances or risk losing influence in the world.

"That's not a judge's concern," Kyl said.

Kyl made his remarks during the opening session of Sotomayor's Supreme Court confirmation hearing.

Filed under: Jon Kyl • Sonia Sotomayor • Supreme Court


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Respect   July 13th, 2009 12:45 pm ET

Mississippi Mike – so why do we have amendments to the constitution – if the primary role is to interpret it? Slavery & Womens rights and other amendments to the constitution because people showed empathy? WOW!

Ed, Santa Fe, NM   July 13th, 2009 12:43 pm ET

What a crock. Tell us again about the pro-GOP judges that handed the 2000 election to Bush.

Kelby In Houston, TX   July 13th, 2009 12:39 pm ET

Does anybody remember when "empathy" was a good thing?
Does anybody remember when you would hope that a person would feel empathy for your situation? When empathy was something you looked for in a person as well as a judge.
The meaning of the word "empathy" has been mutated by the people on the right, in much of the same way they made the word "liberal" and "socialist" into a bad word.
They do this to a point where we liberal believe that you don't know the meaning/definition of these words. But the fact is conservatives change the meaning of these words to suite their needs and agenda.
Either that or conservatives and Repuglicans are actually heartless

sammieb51   July 13th, 2009 12:37 pm ET

I liked the comment I think Ginsberg made during her confirmation hearings when asked if the fact she was a woman would affect her decisions - she said doesn't the fact that you're a man affect the way you make decisions?

More than a little unreal - we sit you stand - suddenly it matters if the washroom is really clean. Give me a break here GOP - the woman is more qualified than Roberts!!

AlwaysThinking   July 13th, 2009 12:36 pm ET

Scott, Tucson: Which "4 out of 6" decisions were overturned by the Supreme Court? How many decisions in total has Sotomayor made and how many of those were overturned and by which courts? How does her percentage of overturned cases compare to other judges at her level?

Simply throwing out numbers (such as, 4 out of 5 guys named Scott from Tucson are idiots) is meaningless, unless you can back it up with FACTS.

WhoCares?   July 13th, 2009 12:34 pm ET

Why do we have non-judges even confirming actual Judges?

I am findng it ridiculous that these old non-judges are telling her (A JUDGE) what being a judge is all about.

Why isn't there a panel of judges in charge of confirming her?

Coukld you governm,ent system be any more inept.

Diane   July 13th, 2009 12:34 pm ET

People, people, people – everyone just calm down. Everyone commenting on this story has said something that someone else might consider racist. Everyone in the world has said something that someone else considers racist. Just because someone thinks it is doesn't mean it is. Comments are taken subjectively by those that hear them.

As to Justice Sotomayor, did she mean the "wise Latina" comment in a racist manner? I doubt it and before you ask, I am a "wise Anglo-Saxon woman". Justice Sotomayor has the qualificiations for the job – let her do it.

As for empathy – every judge/justice should have it, but rule according to the law.

annie s   July 13th, 2009 12:26 pm ET

Republican definition of racist: anyone who does not agree with their conservative viewpoints and anyone with the ability to think for themselves.

Xavier   July 13th, 2009 12:25 pm ET

Bob,
If anybody is racist it is republicans in their current form. I don't think much of any party that worships the ground pill popping Rush walks on.

Tania   July 13th, 2009 12:25 pm ET

Is there anyone out there whose background does not affect what s/he does and thinks? d'oh!

Up to now she was not a Supreme Court judge. When she is affirmed, she will uphold the Constitution the way other Supremes have or have not.

Xavier   July 13th, 2009 12:22 pm ET

awaitingliberacationbycnn,

Sotomayor would never be nominated by republicans, namely because she isnt in the pocket of rich fat cats as most republicans tend to be.

Fla.   July 13th, 2009 12:19 pm ET

Sen. Kyl and too many of his Republican cohorts are unfortunately going to play the race card to appease their xenophobic base. Consequently, it will be to the GOP's own further demise amongst a diversifying electorate.

Positive empathy should be shared by every person, including judges, but it is surely lacking in Kyl's misguided excuses to justify his pending Party of No.

Kate in SW Fla   July 13th, 2009 12:18 pm ET

Samuel Alito had both of his cases reversed. Sotomayor had 2 of 6. Get your facts right or butt out of conversation

Kevin Leo (Jonesboro, GA)   July 13th, 2009 12:18 pm ET

As a former Army officer, it was my sworn duty to uphold and protect the Constitution of the United States. It was a duty that I proudly fulfilled. However, as an African American, I could also see the contradiction in that oath in that, when it was originally written, I was not truly included in all of the freedom and liberties detailed in the document. So, when I see Republicans trying to downplay empathy and say that judges need to be strict constitutionalist, I see the need for Sonia's confirmation not as an option but a vital necessity. The court needs to reflect the changes in our country in both idealogy and diversity.

Stuffit   July 13th, 2009 12:16 pm ET

Instead of giving rational answers or justification for her comments, seems like most on here just attack the messenger. Why?

If Leahy would have asked this question, most of you would be saying, "He's so insightful and wants to get down to business and put this controversy to rest, once and for all."

It's simply sad to see how the media and party affiliations have manipulated the logic module in a majority of American minds.

Brian mesaAZ   July 13th, 2009 12:16 pm ET

I believe I understand Kyl's position. This hispanic woman will not represent corporations and the rich. Being from AZ I hope for the day when Kyle is finally put out to pasture. Having both him and McCain as our senators is really something to swallow.

awaitingliberalizationbyCNN   July 13th, 2009 12:15 pm ET

If this was a republican nominee, she would have been called a racist by Pat Leahy and the libs would be raking her over the coals with the MSM's help. Look what the did to Bork, it is now called "borking." And talk about racist, remember and check how they treatec Clarence Thomas. Democrats are such lying hypocrites.

Tom   July 13th, 2009 12:15 pm ET

No summary of any of the Democractic Senators on the judiciary committee????

GOP = Party of Hypocrisy   July 13th, 2009 12:12 pm ET

Kyl disrespects Senate decorum by not wearing a jacket. Of course Sotomayor will be confirmed because she is well qualified. All of this hot air from Repukes is just to pander to the racist far-right fringe that controls the GOP. Having an intelligent, extremely well qualified Latina judge who follows the law on the Supreme Court will be a great benefit for America. Only the racists oppose her.

NAVY JACK   July 13th, 2009 12:11 pm ET

This woman has repeatedly chosen to use her ethnicity and gender as the basis for promoting her superior ability to exact better judgement than white male jurists.
That is her chosen narrative and it exhibits a divisive bias of gender and a "colorized opinion" of this nation's justice system.

She fits nicely into the Obama- Holder strike team. I see a reparations
tax on the horizon.

ella   July 13th, 2009 12:09 pm ET

RR – There is a difference between empathy and sympathy.

No one famous   July 13th, 2009 12:08 pm ET

Lady justice wears a blindfold for a reason.

FoxNewsFanNow   July 13th, 2009 12:02 pm ET

Way to go CNN.. you have taken news media to a new ultimate low! Glad to see you guys have nothing better to report on, Levi Johnston....what a joke! It is things like this that make the world doubt your ability to report ACTUAL NEWS! Bravo, bravo.

Steven   July 13th, 2009 12:00 pm ET

I bet Kyl is another GOPE'er who is having an affair

Republicans are the American Taliban   July 13th, 2009 11:59 am ET

Soon the Taliban will be quoting from her high school yearbook entries to question her current beliefs....

RR   July 13th, 2009 11:59 am ET

empathy has NO place is jurisprudence. A justice should decide what is and what is not consitutional. Period. They are not to play favorites or show favortism to anyone.

R in Maine   July 13th, 2009 11:58 am ET

If this senator believes that empathy has no role in judging legal cases, then he is truly an idiot. If he thinks that the US is always right, the is stupid and hopeless. If he holds that international law has no place in deciding cases, I look forward to someone doing him.

GCB   July 13th, 2009 11:54 am ET

Another LAME Republican doing nothing but complaining, complaining...blah, blah, blah.

YET during the Robert's confirmation these same clowns RUSHED to get him nominated and confirmed and didn't even raised any outrage or objections. FUNNY HOW THE TABLES HAVE TURNED.

Republicans LOVE to dish it out, but NEVER seem to be able to take a dose of their own medicine themselves. Such cowards.

Scott, Tucson   July 13th, 2009 11:54 am ET

And 4 out of 6 Sotomayor's decisions were later reversed by the US Supreme Court, not a good record there too.

B.H.   July 13th, 2009 11:53 am ET

The question should be, how did Kyl ever become a senator ? These people are digging for anything to disqualify her!

Jerry   July 13th, 2009 11:53 am ET

International law is governed by treaties that must be ratified by the US Senate. Otherwise, they must not be used as a basis for decisions by the US Supreme Court. The only criteria that a Supreme Court justice must use is the US Constitution. Americans need to decide American law on the basis of the US Constitution, not on the basis of laws written by foreigners in foreign lands. Otherwise, we have the potential someday of being placed under Islamic law simply because a Supreme Court justice thought it was a "good idea at the time", even though the US Constitution explicitly calls for freedom of religion and that no law shall be enacted that calls for a state religion.

aru cerious   July 13th, 2009 11:53 am ET

After the last Supreme court decision – reverse discrimination – the justices he supported openly legislated from the bench. This is something the Republicans stated they are opposed to – and Kyl's comments just illustrate more hypocracy!

makesUwonder   July 13th, 2009 11:50 am ET

A Supreme Court Judge should be for all the people, not the ones that suit them. A Supreme Court Judge should be blind to race and gender and Sotomayor obviously is preferential.

ella   July 13th, 2009 11:48 am ET

Even the Republicans admit, most likely Sotomayor will be confirmed. But they are using their time to push such a reprehensible bigoted agenda. How can the 'religious right' in any way justify supporting the GOP in any way – It is anything BUT a guardian of caring 'family values'.

- an ex-Republican

Ed, Santa Fe, NM   July 13th, 2009 11:48 am ET

So what's his point? Oh wait... he's GOP, he doesn't have one. He's just talking to hear himself spout babble.

Dutch/Bad Newz, VA   July 13th, 2009 11:48 am ET

I can't even take Sen. Kyl serously. He's a member of the Party of No and is rejecting stimulus money for his state. Any remarks he has about Judge Sotomayor I think will just to be in opposition. The Partyof No can also be labeled as the Party of Obstruction.

GI Joe   July 13th, 2009 11:47 am ET

NO NO NO NO NO – they cry and cry and cry.

Next year, Kyle. NO NO NO NO NO Time for US to vote.

Frank, Las Vegas   July 13th, 2009 11:46 am ET

I saw him on a news show on Sunday, this guy is either an idiot or someone who follows the GOP far right stances all the way down the line. The AZ Gov. stated how much the stimulus has helped AZ, more that $80M in new road projects etc. Then this senator from AZ states the stimulus hasn't done anything at all, no new jobs etc. Who does he think is building all those new roads? So I think he's a combination of the above, leaning more towards the idiot side however.

Mississippi Mike   July 13th, 2009 11:46 am ET

The Supreme Court's role is to interpret the Constitution, not show empathy. That may seem cold but it's the truth. Anyone who wants to sit on the Supreme Court better stick to the Constitution and nothing else.

Bob   July 13th, 2009 11:45 am ET

If any Judge on the courts is a racist, this woman is. The Senate would all be fools to put her on the highest court in the land. That would be saying that racism is here to stay in America.

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