Cornnyn says he’ll be tough on Sotomayor

During a recess in Sonia Sotomayor’s confirmation hearing for the Supreme Court on Tuesday, Texas Republican John Cornyn signaled he will be tough on Sotomayor when he questions her later Tuesday or early Wednesday.

Cornyn, a former Texas Supreme Court judge, suggested that Sotomayor’s record of being overturned by higher courts will be a factor in his assessment of her.

“Her record of judging indicates a pretty traditional approach. The difference is that as a lower court judge, her decisions are reviewed on appeal by higher courts,” Cornyn said. “Now, if she’s confirmed, there will be no higher courts. So what’s the best indication of her future performance? Is it her speeches? Or is it her judging as a lower-court judge when she knew her decisions would be reviewed? I have not yet been able to resolve that.”

Cornyn offered modest praise for Sotomayor’s performance so far, however, noting that “she seems like she’s enjoying it.”

“She clearly enjoys the intellectual challenge of the back-and-forth,” Cornyn said.

Cornyn said Sotomayor’s strategy seems “to convince us that she’s Sam Alito and John Roberts.”

“Her answers are no different from theirs,” he said. “How you reconcile that, again, with her previous speeches, is to me the question.”

– J. Taylor Rushing