CNSNews.com - Specter Not Satisfied with Sotomayor's Answers, Franken Gets Laughs

CNSNews.com - Specter Not Satisfied with Sotomayor's Answers, Franken Gets Laughs

Washington (CNSNews.com) – After a combative question-and-answer period with Supreme Court nominee Sonia Sotomayor, Sen. Arlen Specter (D-Pa.) complimented the judge on her accomplishments but seemed less than satisfied with her openness.

“I think your record is exemplary, Judge Sotomayor, exemplary,” Specter said while concluding his allotted time at Wednesday’s hearing of the Senate Judiciary Committee. He then added, “I’m not commenting on your answers -- but your record is exemplary,” drawing a chorus of laughter from the audience.




Specter had sparred with the Sotomayor on numerous subjects, including the Terrorist Surveillance Program, abortion, and televising Supreme Court proceedings.

In reference to the Terrorist Surveillance Program, about which the Bush administration did not notify senior senators and on which the Supreme Court recently declined to take a case, Specter asked, “Wouldn’t you agree that the Supreme Court should take that kind of major conflict of separation of powers?”

“I know it must be very frustrating to you,” Sotomayor said, beginning her response.

“It sure is,” Specter interrupted. “I was the chairman who wasn’t notified.”

“I can understand. … Congress’ and your personal frustration, and sometimes the citizens,’ when there are important issues that they would like the court to consider,” responded Sotomayor, “but the question becomes, ‘What will I do if you give me the honor of serving on the court? If I say something today, is that going to make a statement about how I’m going to prejudge someone else’s -- ”

Specter interrupted again, saying, “I’m not asking you to prejudge. I’d like to know your standards for taking a case.”

The awkward exchange continued on the subject of abortion. “Circuit Judge Luttig, in the case of Richmond Medical Center [for Women v. Gilmore], said that Casey v. Planned Parenthood is/was ‘super stare decisis,’” Specter said, referring to the legal doctrine of stare decisis, which calls for courts to respect their previous decisions on subjects they they have previously ruled on. “Do you agree with Judge Luttig?”

“I don’t use the word ‘super,’” Sotomayor said. “I don’t know how to take that word.”

Newly installed Senator Al Franken (D-Minn.), a former Saturday Night Live comedian, opted to employ generous amounts humor in his questioning of Sotomayor, drawing laughter from the audience on multiple occasions.

In beginning his questioning, Franken dwelt for some time on Sotomayor’s earlier reference to the television legal drama “Perry Mason” as having influenced her to go into law.

“I was a big fan of Perry Mason,” said Franken, “I watched Perry Mason every week with my dad and my mom and my brother, and we’d watch the clock, and we knew when it was two minutes to the half-hour that the real murderer would stand up and confess.”

“It amazes me,” he said, “that you wanted to become a prosecutor based on that show, because in Perry Mason, the prosecutor, Burger, lost everything.”

Later in the hearing Franken said, “Yesterday, a member of this committee asked you a few times whether the word ‘abortion’ appears in the Constitution, and you agreed that no, the word ‘abortion’ is not in the Constitution. Are the words ‘birth control’ in the Constitution?”

“No,” said Sotomayor.

“Are you sure?” Franken continued, drawing chuckles from both the audience and Sotomayor, who responded, “Yes.”

Franken then went on to note that the word “privacy” also does not appear in the Constitution, and asked about whether Sotomayor thought this was nonetheless a fundamental right.

Franken concluded his questioning by returning to “Perry Mason.”

“What was the one case in “Perry Mason” that Burger won?” said Franken.

“I wish I remembered the name of the episode, but I don’t,” Sotomayor said, “I just was always struck that there was only one case where his client was actually guilty.”

“And you don’t remember that case?” Franken said.

“I know that I should remember the name of the episode,” Sotomayor began, only to be interrupted by Franken.

“Didn’t the White House prepare you?” he scolded.

News outlets reported after the hearing that “Perry Mason’s” only lost case came in the episode, “The Case of the Deadly Verdict.”