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This week Congress is holding hearings on President Obama’s Supreme Court nominee Sonia Sotomayor, who would become the court’s first Hispanic justice.
Although she is expected to be confirmed, senators are expected to grill her on some of the issues that have caused controversy in the weeks since the nomination. So we asked New Mexicans, via Twitter, Facebook and e-mail, what they would ask Sonia Sotomayor, if given the opportunity. Their questions focused on race and ethnicity — probably because of her own ethnicity and because one of her high-profile cases dealt with racial discrimination — but also highlighted some things we’re pretty sure the senators won’t ask about.
Our readers have several questions about how being a Latina, who grew up poor in the Bronx, would affect Sotomayor’s opinions on the bench. These are a few:
Q: What role should race or ethnicity play for a Supreme Court justice, and if your nomination is approved, how will your race/ethnicity impact your decision-making process on the bench?” —Kevin M.
Q: The court often bases opinions on a “reasonable person” theory. Do you think that theory should include, among other groups, what a reasonable Hispanic woman would think? If so, do you think Chief “Justus” Roberts ever factors in what a reasonable Hispanic woman thinks or does he just think about what a white man would think? —Gary N.
Q: In light of the Supreme Court’s recent reversal of [your ruling in Ricci v. New Haven], if you had it all over to do again, would you rule the same? Perhaps it was just an example of what critics cite as your major flaw, the tendency to side with public opinion. I ask especially since a case involving 65 black children and a Philadelphia swimming pool (Valley Club) is likely going to end up in front of the country’s highest court with extremely polarized public opinion. —Hakim B.
Q: Given the demographics of the nation — 50 percent female, 15 percent Latino, 13 percent African American — why do you think women and minorities are so underrepresented in Congress (17 women out of 100 in the Senate, 74 women out of 435 in the House — the numbers of minority members are similar), the judiciary (around 25 percent are women, even less are minorities), Fortune 500 CEOs, etc. Are women and minorities just inferior and not as capable, or is there something else structurally going on? — Eric G.
Q: Do you think that blacks have, as a group, advanced in voting, holding office, being elected to public office, etc., to the point where the Voting Rights Act is no longer necessary to accomplish its original purpose? I would ask her that because a recent decision by the court indicated that such a time may come soon, if it’s not already here, and this would have a significant impact on elections.— Gary N.
Some of the questions submitted are pretty straightforward, such as this one (from a lawyer, of course) that aims to learn more about adding Sotomayor to the court would change its liberal/conservative balance.
Q: Judge Sotomayor, would you please tell me what you believe to be a decision of the past two terms of the Supreme Court in which Justice Souter joined the majority and in which you would have joined the minority, or vise versa? Please describe the reasons that you would have taken a position different from the justice whom you may succeed on the court.—Brian E.
Another reader would ask about Sotomayor’s opinion on the idea of god-given rights, something that many libertarians believe should result in limited government interference in citizens’ lives.
Q: Do individuals enjoy any natural, eternal, god-given rights that constrain the coercive powers of government, or are all our rights products of a political decision-making process, and thus completely subject to shifting tides of political power?
One reader wants to know what Sotomayor thinks about citing decisions made by foreign courts, an issue that divides liberals and conservatives (with conservatives being firmly against the idea).
Q: How about something with regards to the relevance of foreign law to U.S. judges? Does she or does she not [believe decisions by foreign courts should be cited]?—Clint W.
Other readers are curious to know more about what Sotomayor thinks about topics such as Roe v. Wade and the Defense of Marriage Act (in fact they simply listed those two issues as things they’d ask about). Torture is another hot topic:
Q: Based on the current public knowledge, assess the legality of torture of ”non-combatants.” … And assess the process by which the decision was made to approve torture.—Johnny W.
And one reader would ask about an issue that’s important to reporters as well as supporters of transparency and openness in government:
Q: What is your position on actually making oral arguments open to live TV coverage? —Larry B.
On Monday, Sen. Arlen Specter (formerly a Republican, now a Democrat) urged Sotomayor to support televising proceedings. Justice David Souter, whom she would replace, was adamantly against televising the court’s proceedings.
Some readers (many who responded on Facebook) just want to know more about Sotomayor as a person, not a judge. They would ask:
Q: If you could have that cliché, Ellis Island, Americanizing-your-name experience, what bastardized last name would you pick?—Ashley M.
Q: “Red or green?” —Maria M.
Q: Boxers or briefs?—Scott G.
All right, that last one is clearly a joke for a female nominee. But in 1992, when presidential candidate Bill Clinton told MTV he wears boxers, it made him seem cool to a nation of young voters. Obama refused to answer the question in 2008, saying “I don’t answer those humiliating questions. But whichever one it is, I look good in ‘em!”
Speaking of Clinton, one reader had another familiar query:
Q: Ask her if she inhaled? Because that would give us insight into whether she has more huevos than Bill Clinton!—Moises G.
Add your own questions in the comments below.
