July 30th, 2009
10:55 AM ET
11 years ago

No. 3 Republican in the Senate backs Sotomayor

WASHINGTON (CNN) - Tennessee Sen. Lamar Alexander said Thursday he would vote in favor of Judge Sonia Sotomayor's nomination to the Supreme Court - the sixth Republican, and the first member of GOP congressional leadership, to back President Obama's nominee.

Full statement as released by the senator's office:

Statement of U.S. Senator Lamar Alexander on the Nomination of Judge Sonia Sotomayor to Serve as Associate Justice of the U.S. Supreme Court

July 30th, 2009 – WASHINGTON – U.S. Senator Lamar Alexander (R-Tenn.) today made the following remarks on the floor of the U.S. Senate on the nomination of Judge Sonia Sotomayor to serve as Associate Justice of the U.S. Supreme Court:

"Mr. President, I have a statement to make about the President’s nomination of Judge Sonia Sotomayor to be Associate Justice of the United States Supreme Court.

“Even though Judge Sotomayor’s political and judicial philosophy may be different than mine, especially regarding Second Amendments rights, I will vote to confirm her because she is well qualified by experience, temperament, character and intellect to serve as an Associate Justice of the United States Supreme Court.

“In 2005, I said on this Senate floor that it was wrong for then-Senator Obama and half the Democratic Senators to vote against John Roberts – a superbly qualified nominee – solely because they disagreed with what Senator Obama described as Roberts’ “overarching political philosophy” and “his work in the White House and the Solicitor General’s office” that “consistently sided” with “the strong in opposition to the weak.” Today, it would be equally wrong for me to vote against Judge Sotomayor solely because she is not “on my side” on some issues.

“Courts were never intended to be political bodies composed of judges “on your side” who would reliably tilt your way in controversial cases. Courts are supposed to do just the opposite: decide difficult cases with impartiality. The oath Judge Sotomayor has twice taken and will take again when she is sworn in as Associate Justice says it best: “… I will administer justice without respect to persons, and do equal right to the poor and to the rich, and … I will faithfully and impartially discharge and perform all the duties incumbent upon me … under the Constitution and laws of the United States.”

“During her confirmation hearings, Judge Sotomayor expressly rejected then-Senator Obama’s view that in a certain percentage of judicial decisions “the critical ingredient is supplied by what is in a judge’s heart … and [in] the depth and breadth of one’s empathy.” In answer to a question from Senator Jon Kyl, she said, “I can only explain what I think judges should do, which is judges can’t rely on what’s in their heart. They don’t determine the law. Congress makes the laws. The job of a judge is to apply the law. And so it’s not the heart that compels conclusions in cases. It’s the law. The judge applies the law to the facts before that judge.”

“Giving broad Senate approval to obviously well-qualified nominees helps to increase the prestige of the Supreme Court and confirm its impartiality. For that reason, until the last few years Republican and Democratic senators, after rigorous inquiries into the fitness of nominees, usually have given those well-qualified nominees an overwhelming vote of approval.

“For example, no justice on the Supreme Court that John Roberts joined in 2005 had received more than nine negative votes. Four were confirmed unanimously. All but three Republican senators voted for Justice Ginsburg, a former General Counsel of the American Civil Liberties Union. Every single Democratic senator voted for Justice Scalia.

“In truly extraordinary cases, senators, of course, reserve the prerogative – as I do – to vote “no” or even to vote to deny an up-or-down vote.

“During the eight years I was governor of Tennessee, I appointed about 50 judges. In doing so, I looked for the same qualities that Justice Roberts and Judge Sotomayor have demonstrated: intelligence, good character, restraint, respect for law and respect for those who came before the court. I did not ask one applicant how he or she would rule on abortion or immigration or taxation. I appointed the first female circuit judge in our state, the first African American court chancellor and the first African American Supreme Court Justice. I appointed both Democrats and Republicans. That process served our state well and helped to build respect for the independence and fairness of our judiciary.

“In the same way, it is my hope that my vote now not only will help to confirm a well-qualified nominee but will help to return the Senate to the practice only recently lost of inquiring diligently into qualifications of a nominee and then accepting that elections have consequences, one of which is to confer upon the president the constitutional right to nominate justices of the Supreme Court of the United States.”


Filed under: Sonia Sotomayor
soundoff (55 Responses)
  1. Doc SteveO

    Thank you, Senator Alexander. Even though I am a Democrat, it was my pleasure not only to vote for you as Senator here in Tennessee, but also much earlier as Governor. And thank you for the good work you did then on behalf of Tennessee's teachers and young people.

    Now… if we can just get you to see the same light on Health Care Reform?

    July 30, 2009 01:29 pm at 1:29 pm |
  2. Bill of Florida

    I'll be honest. I support Sotomayer, because she is liberal. I think we need a good balance of liberals with the conservatives that are already on the Supreme Court. I don't think she comes anywhere close to legislating from the bench as some suggest, but I think she brings the sorely needed empathy that Obama suggested in nominating her for the bench. Congratulations Justice Sotomayer. I applaud your confirmation.

    July 30, 2009 01:46 pm at 1:46 pm |
  3. mike,texas

    Well it will be obvious what republicans have a future in politics.The one's who say NO to the party of No. The new campaign slogan "Just Say No To The Party Of No"

    July 30, 2009 02:05 pm at 2:05 pm |
  4. Fred the Moderate

    To late to suck-up

    July 30, 2009 02:45 pm at 2:45 pm |
  5. Bill, Bloominton IL

    I do wonder if she will survive the vote with all the democrats gushing and blushing ever since she was nominated. The democrats will have to stop kissing her feet long enough to press the button. By the way democrats, it is documented that Sotomayors trip to the bench was started by H W.

    July 30, 2009 02:47 pm at 2:47 pm |
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