While all eyes are on Judge Sonia Sotomayor as she attempts to answer (or parry) tough questions, a subplot is playing out. Republican senators are seeking to provide constitutionally required advice and consent without being cast as villains determined to stop the first Latina nominated to the Supreme Court.
As I write this, Republicans appear poised to thread that difficult needle. They have asked very tough questions -- in many cases, pointing out inconsistencies between the judge's speeches and her confirmation responses -- but have avoided the appearance of browbeating Sotomayor. There have been no ugly exchanges that would be played and replayed on cable news, ad infinitum.
Sen. Tom Coburn (R-Okla.) did commit a minor gaffe by joking that someone who used a gun in New York would have lots of 'splainin' to do --
a Desi Arnaz catch phrase. The joke was questionable, but everyone seemed to laugh. Regardless, this gaffe was of the politically incorrect kind, not the overtly mean kind.
Sen. Lindsey Graham (R-S.C.), who predicted Tuesday that Sotomayor would be confirmed barring a "meltdown," and that he might even vote for her, seemed particularly adept at asking tough questions (think "wise Latina") while simultaneously coming across as friendly.
According to one Republican Judiciary Committee aide I spoke to, there were no direct instructions from leadership regarding how GOP senators should behave during the hearings. Moreover, I'm told they did not take Judge Sotomayor's heritage or gender into account: "As hard as it is to believe, we didn't prep on this based on a woman or a Latina, but on the fact that we wanted a dignified hearing," the aide said.
The Atlantic noted that Republican Sen. John Cornyn was especially adept at this delicate maneuver. It also noted that as a Texan, Cornyn is especially sensitive to the concerns of his Hispanic constituents:
" . . . Cornyn actually apologized for beginning to interrupt her today. He restricted his questions to 'do you stand by your words?' and 'can you explain what you meant?' -- even if his questions covered the same material as his fellow partisans: the 'wise Latina' quote, the New Haven firefighters case, whether judges change the law, abortion, etc.
"A former Texas Supreme Court justice himself, Cornyn's most pointed criticism came over her ruling in the firefighters' case.
"After the hearing adjourned for lunch, a reporter asked Cornyn today about Hispanic votes, and whether he's getting any feedback from voters in his home state. 'I made the point all along that what every nominee deserves, and what this nominee has gotten, is our respect and a civil and dignified hearing,' Cornyn responded.
"'I believe that [what] all of my constituents, whether they be Hispanic or otherwise' want him to do, Cornyn said, 'is to do my job and to ask the questions that they might ask if they were in my shoes.' "
While some speculate that Republicans have been especially sensitive to coming on too strong, for fear that harsh treatment of a Latina might backfire, others argue there is no tradition of Republicans harshly interrogating nominees.
Most Republicans ultimately supported Bill Clinton's nominees. It has traditionally been Democrats who have "Borked" Republican nominees (in fairness, Republicans have dominated the presidency in the modern era, so there were more opportunities for Democrats to oppose Republican nominees).
As one Senate aide told me, "Republicans have always been respectful about nominees."
The theory is not that Republicans are
nicer than Democrats, but rather that Democrats view the Supreme Court as the place where policy is made, and as such, their passions run hotter during hearings. Who knows if this is accurate, but it is a plausible theory -- and one I have never before heard.
With one more day to go, let's see if Republicans can continue the charm offensive without being, well,
offensive.
Get the new
PD toolbar!Follow PoliticsDaily On Facebook and Twitter,
and download the new Politics Daily toolbar!