In contrast, when Elena Kagan was seen as a potential nominee for the upcoming position vacated by David Souter at the end of June, the New York Times did not think her Jewish heritage needed to be pointed out nor that had she been confirmed it would have brought the number of Jews on the court to three.
As for the claim that Sotomayor will be the first Hispanic Supreme Court justice, this ignores the fact that Benjamin Cardozo, who served on the court from 1932-38 was the descendant of Spanish Jews who settled in New Amsterdam (now New York ) in 1654.
Gambling on using the nomination to create a focus for opposition to Obama, former Republican speaker of the House Newt Gingrich baldly accused Sotomayor of being a racist. Conservative talk show host Rush Limbaugh charged last week that Sotomayor “brings a form of bigotry or racism to the court” and called the president “the greatest living example of a reverse racist.” He went as far as to say that choosing Sotomayor was like hiring a former Ku Klux Klan leader for the position.
But more sensible Republicans, aware that their party is now in disarray and showing no signs of recovery, have been careful not to be too strong in their opposition to Sotomayor, keeping in mind that Hispanic voters constitute the largest and most rapidly growing ethnic group in the US. Some are even openly supporting her. Senator Jeff Sessions, the top Republican on the Senate Judiciary Committee, dismissed Limbaugh’s description of Sotomayor on NBC’s “Meet the Press”. “We should not demagogue race. It’s an important issue in our culture and our country.” He was positive about her nomination, calling here “almost an ideal mix”.
In a floor speech Monday, Senate Republican leader Mitch McConnell said that he had assured Sotomayor that she would be treated “fairly and respectfully”. “Throughout this process, Republicans will be guided by a few simple principles. But perhaps the most important ones are these: Americans expect and should receive equal treatment under the law, and Americans want judges who understand their role is to interpret the law, not write it,” he added.
McConnell said that Republicans would require time to go over her record of some 3,600 cases. “For Justice Alito, the Senate had 70 days to prepare for an informed hearing. And like Judge Sotomayor, Justice Alito had thousands of cases for senators to review,” he said.
So unless something untoward happens in the next few weeks, Sotomayor’s nomination looks secure, as Republicans have too few votes in the Senate to block confirmation even if they decide they don’t like her after all. President Obama has asked for a vote on the nomination by the end of July before the Senate takes its vacation for the month of August.
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