SCOTUS: Sotomayor Hearings, Day One, Part II
SCOTUS: Live Streaming Of Sotomayor Confirmation Hearing

SCOTUS: Sotomayor Hearings, Day One, Part I

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The confirmation hearings on Judge Sonia Sotomayor begin at 10 am ET today in Senate Judiciary. I’ll be liveblogging as I can throughout the week.

AFJ’s Nan Aron has a preview of what we can expect from today’s Sotomayor confirmation hearing. In sum, the GOP will use the hearings as a venue to talk guns, abortion and to replay the politically and racially divisive strategery of the Jessie Helms "hands" ad (YouTube).

Classy.

In any event, hold onto your hats, kids — it could be a bumpy ride or a yawnfest. We’re about to see.

9:56 am ET:  Judge Sotomayor has just entered the hearing room with Sens. Leahy and Sessions.  The click of photog cameras sounds like rabid cicadas.  She’s now doing the traditional photo-op around of the Senators with handshakes and smiles aplenty.

Will be a little while before anything official gets going.

9:58 am ET:  Already wrong.  Leahy gavelling things in order to get everyone in place early today.  Doing a bit of an opening.

Welcoming Sotomayor to the Judiciary Committee.  Emphasizing the George H.W. Bush nomination to the District Court and then the Clinton nomination to the 2nd Cir.

Asking Sotomayor to introduce her family.  Sotomayor laughing, saying that if she introduced all family, they’d be there several days.  Introducing immediate family, godchildren and good friends in the room — Leahy leaving the record open for her to detail names after the hearing if she likes.

Each Senator is giving a 10 minute opening statement today.  Hopes all Sens will be here today.  If not, then they will have to take it out of their time for questions tomorrow.

LEAHY OPENING:  We are considering Sotomayor’s nomination to SCOTUS.  We have almost 20 million Americans, and only a very few get to sit on SCOTUS.   Senate has to do its part on behalf of hte American people.  "The arcof the moral universe is long, but it bends towards justice." Dr. Martin Luther King.  Each generation seeks it’s path towards justice.

Leahy going through amendments toward civil rights, extension of voting rights, etc., toward a more perfect union — and sees this nomination as another step long that path.

Going through history of Sotomayor’s:  raised by single mother, educational work — graduated summa cum laude and phi beta kappa from Princeton.  Then Yale Law.  Chose to serve her community in the NY District Attorney’s office — every one of us who have had the privilege of being a prosecutor knows how hard a job that is.  Served as a trial judge for 6 years on federal district court.  Then 2nd Circuit — approved both times by bi-partisan majorities.  First nominee to be nominated to three different federal judiciary positions by three different presidents.

Was a prosecutor and a lawyer in private practice and brings a wealth of experience to the court.  Hers is a success story in which all Americans can take pride.  Goes through history of people who break barriers having to deal with qualifications questions — Thurgood Marshall’s "are you prejudiced against the white people of the South?" question during his confirmation process.  Questions about Louis Brandeis being prejudiced against non-jews and charges that he was a "radical."  Likewise, first Catholic nominee had to deal with questions about being controlled by the Pope.

Leahy hopes that we are in a different era and that Senators will not demean the process.  This hearing is an opportunity for Americans to see and hear Sotomayor for themselves — says it is the most transparent confirmation process held.  Decisions, papers and other materials are posted online publicly and testimony will be carried live as well.

Review of judicial record shows careful, restrained judge who has respect for precedent and of other branches of government and their role in lawmaking.  Has a deep understanding of the real lives — the REAL livs — of Americans in this country.  Some have sought to twist her words into partisan attacks, some of whom began attacking her before she was even selected. 

We have seen what kind of judge she has been — don’t have to speculate what kind she will be. 

Senators have a high responsibility to base any criticisms on the facts and on reality, not on distorted and politicized views of her record.  This is a nation based on the rule of law.  As a federal judge, Sotomayor has kept faith with that — there is not one law for the rich and another for the poor, one for one color and another for someone else — there is one law for all.  That’s the fair and impartial judging the American people expect and deserve.

Justice Souter served the nation with distinction with a commitment to judtice and an understanding of the Court’s impact on the daily lives of American citizens.  Believes Sotomayor will sere in that mold, and in that of O’Connor — with a commitment to the law, not to a particular outcome.

SESSIONS OPENING:  Starts by being awfully happy with Leahy, and gosh isn’t Sotomayor’s prosecuting history great because, gosh darn it, I was one, too.  SCOTUS justices hold enormous power, have a huge responsibility and this history is important because this is a dangerous crossroads for the court:  the traditional view of the law where courts don’t make law or set policy (CHS notes:  except when they do so in the conservative way, eh, Jeff?) and the non-traditional way where they think like liberals — words have no true meaning and judges push their own political and social agenda.  (CHS notes:  paraphrasing here, natch).

Sessions pushing the prayer in schools, personal p[roperty seizure, scary terrorists, the UN and corruption of the American way by "empathy."  Pardon me while I hide under my laptop from scary, "liberal activist, results-oriented, relativistic world, where laws lose their fixed meaning, and unelected judges set policy, Americans are seen as members of separate groups rather than as simply Americans, where constitutional limits on government power are ignored when politicians want to buy out private companies."  (CHS notes:  that’s an exact quote.  No snark.)

Long ranty goodness about personal sympathies disqualifying people from being judges.  (CHS notes:  again, no problems with Alito and Roberts personal sympathies or conservative activism, just liberals.) 

Going over every GOP talking point at length now from cherry-picked moments in speeches over her many years on the bench.   (CHS notes:  If this is going ot be the GOP tack today, I’m going to need more coffee.)  Blah-bity-blah about Ricci changing rules in the middle of the game and calling it "her opinion" — and then goes to the PRLDEF.  Nice smear tactic without factual substance, there, Jeff.  That would be a logical flaw in the empathy standard if it weren’t for the fact that it was the SCOTUS, led by Justice Kennedy was the court which actually changed the standard on Ricci based on every bit of analysis that’s been done.

Shorter Sessions:  No scary GOP talking point left behind. 

KOHL OPENING:  Congratulates Sotomayor on her nomination — represents American success story.  Goes through what SCOTUS does, and how important it is to know "what is in your heart and in your mind" and what you think about "fundamental issues like property rights, civi liberties, separation of church and state and other important questions."

Hits concerns on cloaked answers and the need for a frank discussion on these issues.

Now discussing his theory of "judicial excellence" — he wants a smarty pants and a sense of the American values that we all recognize.  Accept basic constitutional values and the law.  Looks for a sense of compassion, to remind us that the law is more than an intellectual game and a mental exercise.  Quotes Justice Black.  Justice must recognize that real people with real problems are affected by court decisions — justice may be blind, but it should not be deaf.  Quotes Justice Thomas:  "judge should walk int he shoes of the people involved."

Hits critics who gripe about her background — it’s impossible for anyone to divorce themselves from their own backgrounds.

HATCH OPENING:  He’s in full-on concern troll mode this morning.  "Seriousness of our responsibilty and its impact on America."  Tone is "it pains me to say this, but I’m now going to say something insulting anyway." 

Starts by playing the liberty card, and the constitution.  Puts his article from Harvard law and public policy journal into the record.   Goes over his own article now.  Goes on ad nauseum about Obama’s opposition of Janice Rogers Brown — and whines about Sotomayor’s extensive judicial decisions.  Gripes about Obama’s looking at Brown’s prior speeches, say it was poopy (CHS:  paraphrasing there) and then says he’s going ot apply that same standard he thought was wrong back then.  And now whining about Miguel Estrada not being confirmed.

Shorter Hatch:  "I know you are, but what am I?"   Some of the things said about Sotomayor have been intemperate and unfair.  Attacks PFAW.  Now I’m going to say some intemperate things about them "if it’s true, then it’s beneath contempt."  (CHS notes:  Um…shouldn’t Hatch actually check on accuracy before he says it on the record in a hearing — or is that just me?)

FEINSTEIN OPENING:  Congratulations.  You are just awesome, and allow me to sound like a Hallmark card for a moment.  You bring with you 29 and a half years of legal experience and that’s just awesome.

It is very unique for a judge to have both levels of federal court experience — and you’ll be the only one on SCOTUS with that experience if selected.  You’ve prosecuted and administered justice in the trial form.  You’ve also done business litigation, and tried complex civil cases in banking, real estate, and contracts law as well as intellectual property — huge breadth of knowledge in a practical setting. 

(CHS notes:  Feinstein gets interrupted by some screaming guy whose words were not really intelligible for me.  Anyone catch that?  Shouter is removed — and Leahy makes clear the hearing process will be orderly, with no outbursts either for or against the nominee or memebrs of the committee.)

Bottom line for Feinstein:  Sotomayor is very well qualified.  Goes on to discuss nominees not really answering questions on specifics during the hearings, specifically regarding the Casey decision and the precedent therefrom.  Gets into stare decisis.   Gets in a dig about "activism" as defined only gets applied to one philosophy, even though it’s practiced by both — and walks through conservative judicial activism recently by the Court.

Believes that Sotomayor will strenghten SCOTUS.

GRASSLEY OPENING:  Congratulations on your nomination, and a warm welcome to your family and friends.  Your record is very distinguished, you made your start from very humble beginnings and went on to excel at some of the nation’s top schools and your legal record is impressive.

However, to be truly qualified, we’d like you to interpret the law and the constitution without bias.  Set aside your own feelings to administer equal justice for all.   Anchor your decisions in the constitution and not pursue personal and political agendas from the bench.  Can you resist the temptations to mold the constitution to your own personal beliefs or prejudices? 

Political battles are appropriately fought in the legislative branch, not the judiciary. 

Good judges must meticulously apply the law and the constitution, even if their opinions are unpopular.  Must be constrained by the constitution — you should live and breathe this.  Obama said empathy and that troubles Grassley — much blah-bity-blah about feelings and Grassley doesn’t like that. 

I’m going to ask you about wearing the judicial blindfold.  (CHS notes:  Or maybe you could look at her opinions and actually see what she’s done for years to get a feel for that.  But that would have been a lot of work for you and your staff, eh?)  We have a tremendous responsibility to confirm a good judge — solid legal expertise, great intellect and solid judicial temperament — and truly understands your proper role as a judge.

Starting a new thread momentarily…

  Spotlight
90 Responses to "SCOTUS: Sotomayor Hearings, Day One, Part I"
emptywheel | Monday July 13, 2009 07:05 am 1

Sotomayor’s mom looked pretty choked up when Leahy read Sotomayor’s background.


emptywheel | Monday July 13, 2009 07:11 am 2

And Jeff Beauregard seems to be channeling pissy while Leahy gives his statement.


hackworth1 | Monday July 13, 2009 07:16 am 3

Do we have 20 million judges?


Leen | Monday July 13, 2009 07:17 am 4

Leahy
“a country based on laws”
“not one law for the rich and one law for the poor” We wish this was true but we know it is not. We are watching Bush, Cheney, Wolfowitz, Feith, Bolton, Rhode, Rove, Luti, Ledeen walking free for very very serious crimes. The peasants know that we do have a justice system based on different rules for the rich and well connected and the poor and middle class. We have a justice system that is clearly divided amongst rich, well connected and the rest.

“Leahy” “respect for the rule of law” Rove, Cheney, Bush, Feith, Wolfowitz. Gonzales.no respect for the rule of law…that certainly trickles down..the peasants know

Leahy “Equal justice under the law” Hollow hollow words


BevW | Monday July 13, 2009 07:17 am 5

Sessions hitting all the GOP talking points…


RevDeb | Monday July 13, 2009 07:17 am 6

All I can say about Sessions is what a schmuck!


Raven | Monday July 13, 2009 07:17 am 7

red neck gooober Sessions off to a great start!


Leen | Monday July 13, 2009 07:17 am 8

Leahy mentioned Sandra Day O’Connor…Damn Sandra helped select the Bush administration


Raven | Monday July 13, 2009 07:18 am 9

How bout fucking red neck asshole


hackworth1 | Monday July 13, 2009 07:20 am 10
In response to Leen @ 8

Swing vote. Did you see her on Letterman when Dave asked her if there were any rulings that were a big mistake?


Leen | Monday July 13, 2009 07:20 am 11

Sessions “empathy, sympathy, prejudice” is going to go there. Two faces spinning around. Is there an exorcist in the house?


james | Monday July 13, 2009 07:21 am 12
In response to Raven @ 9

Second that


RevDeb | Monday July 13, 2009 07:22 am 13

he’s blowing the judicial activism horn now—could be why the SCOTUS decided to deal with dismantling the “free” speech case and McCain Feingold in Sept., AFTER the hearings.


Leen | Monday July 13, 2009 07:22 am 14

Did not see her. What did she say? This is a woman who I can not imagine for one minute admitting a mistake. She is rather arrogant


RevDeb | Monday July 13, 2009 07:24 am 15

She’s sitting there thinking “a few more days of this nonsense, then . . .”


RevDeb | Monday July 13, 2009 07:25 am 16

will this be Al Franken’s first Senate speech?


Leen | Monday July 13, 2009 07:29 am 17

Leahy earlier describing Supreme Court building
“equal justice under the law”

Why did the Supreme Court turn down Valerie Plame Wilson’s case?

I guess if you put your own life on the line for your country and then have the Bush administration out your identity…the Supreme Count does not consider that serious enough for them to consider


Elliott | Monday July 13, 2009 07:29 am 18

Sessions really has a nerve.
What a disgrace.


Pade | Monday July 13, 2009 07:30 am 19

Slimy Sessons still pissy because he wasn’t confirmed all those years ago. I agree with Raven.


Raven | Monday July 13, 2009 07:34 am 20

Lispy fruitcake Hatch up


Leen | Monday July 13, 2009 07:35 am 21

Sure wish anything Hatch was saying was true decisions need to be based on “evidence and facts”


emptywheel | Monday July 13, 2009 07:35 am 22
In response to RevDeb @ 16

First of this profile. Apparently, he’s going to ask her (not today though) about net neutrality.

Proving right off the bat that he’s hugely wonky.


Leen | Monday July 13, 2009 07:37 am 23

Interesting strategy by Hatch…just wish he followed his own words base decisions on “evidence and facts”


Elliott | Monday July 13, 2009 07:38 am 24

Hatch: what a whino


twolf1 | Monday July 13, 2009 07:39 am 25

By bringing up which party a certain judge tends to vote with, Mr. Hatch, aren’t you just proving that the only thing guiding your yes or no vote is partisan politics?


zombiewoof | Monday July 13, 2009 07:40 am 26

Hi everybody….been away for awhile…..good to be back in this sanctuary of the sane and rational. Hope you’re all doing well. Sorry for being OT.


Leen | Monday July 13, 2009 07:40 am 27

who knows anything about the Judge that Hatch brought up (and Obama stood in the way of) and how her qualifications compare to Sotomayor


Zombiebirdhouse | Monday July 13, 2009 07:41 am 28

Hatch=WATB extraordinaire.


Elliott | Monday July 13, 2009 07:41 am 29

did Hatch just say HE expects to be treated with dignity and respect.? I must have misheard that.


foothillsmike | Monday July 13, 2009 07:42 am 30

Hatch said two weeks ago that “he had heard that she was involved in thousands of cases” wonder if he has reviewed any of them.


Elliott | Monday July 13, 2009 07:43 am 31
In response to zombiewoof @ 26

(Hi.)


Leen | Monday July 13, 2009 07:43 am 32

Feinstein
getting specific
“more federal judicial experience” than any other candidate in 100 years


Twain | Monday July 13, 2009 07:43 am 33
In response to Elliott @ 29

Respect is EARNED so he doesn’t get any.


sunshine | Monday July 13, 2009 07:45 am 34

Of the 9 SCJ, the Dems will finaly have appointed 3 of them.

I am so tired of hearing the SCJ is a 5 to 4 court to avoid acknowledging that the Rep’s have appointed 7 sitting Justices. Of the sitting justices Dems have only appointed 2, till now. The past 28 yrs the Rep’s have held the presidiency 20 years and appointed 7 SCJ. Dem’s will now have appointed their 3rd sitting Justice. I hope we get to appoint 2 more and they should be liberal and not afraid to say so just like the last 2 appointed by W.


Elliott | Monday July 13, 2009 07:46 am 35

What did that guy yell?


Elliott | Monday July 13, 2009 07:46 am 36

Amen!


Leen | Monday July 13, 2009 07:46 am 37
In response to Elliott @ 35

no camera on him


Leen | Monday July 13, 2009 07:50 am 38

How much did the Supreme Court’s decision in the 2000 Presidential election turned into a selection of a President effect Americans faith in the Supreme Court? Huge


TexBetsy | Monday July 13, 2009 07:55 am 39

Morning all. Starting my day with Orrin Hatch didn’t do anything good for my digestive processes.


Leen | Monday July 13, 2009 07:55 am 40

Grassley

“without bias and prejudice”
Oh how Americans wish this was true

“Judges not take on the role of policy makers”
Oops like choosing our President

“Supreme Court nominees should understand the separation of powers”
oops


oldgold | Monday July 13, 2009 07:56 am 41

I wish we would adopt the European model and appoint justices for one, non-renewable term of 12 years or so.


sunshine | Monday July 13, 2009 07:56 am 42
In response to sunshine @ 34

I should have said just like the 2 W appointed were know to be very conservative.


ybnormal | Monday July 13, 2009 07:57 am 43

Orin Hatch logic:
Obama nominated Sotomayor. Obama in Senate never voted to confirm current Roberts and Alito. Therefore Sotomayor is suspect.

Monty Python logic:
Witches burn. Wood also burns. Wood also floats. Ducks also float. Therefore, if she weighs the same as a duck, she’s a witch.


RickinSF | Monday July 13, 2009 07:57 am 44

I certainly hope Sotomayor is listening closely.

Is she taking notes? she should.


iamsam67 | Monday July 13, 2009 07:59 am 45
In response to BevW @ 5

typical. got to love live hearings! lets see who is throwing the punches


TexBetsy | Monday July 13, 2009 08:00 am 46
In response to RickinSF @ 44

Are they allowed to take notes? Or is someone behind the scenes with a DVR taking notes for her?


ghostof911 | Monday July 13, 2009 08:00 am 47
In response to oldgold @ 41

Too sensible for this side of the pond.


RickinSF | Monday July 13, 2009 08:02 am 48

I’m not sure, but the sage counsel of Mr. Grassley should be given special attention.


InspectorDim | Monday July 13, 2009 08:05 am 49
In response to Elliott @ 35

“What about the unborn?!”

I didn’t catch it, myself, but it’s been confirmed at the Washington Post livechat and on MSNBC.


Elliott | Monday July 13, 2009 08:06 am 50
In response to InspectorDim @ 49

Thank you!


BevW | Monday July 13, 2009 08:06 am 51

Leahy’s body language – turned back to Sessions and GOP…..interesting


Leen | Monday July 13, 2009 08:07 am 52

Feingold is so consistent


RevDeb | Monday July 13, 2009 08:07 am 53
In response to Leen @ 27

Janice Rogers Brown was a right wing nut—Federalist Society.


Zombiebirdhouse | Monday July 13, 2009 08:08 am 54

Feingold for Supreme Court!


TexBetsy | Monday July 13, 2009 08:08 am 55

Who is the current senator? Is he the first one without a jacket?


tbsa | Monday July 13, 2009 08:10 am 56

Senator Kyl, please go f**k yourself.


RevDeb | Monday July 13, 2009 08:12 am 57
In response to TexBetsy @ 55

John Kyle—another schmuck.


RickinSF | Monday July 13, 2009 08:12 am 58

Truly, this is a vomit-inducing moment.


james | Monday July 13, 2009 08:12 am 59

the unborn don’t get a vote yet, do they?


RevDeb | Monday July 13, 2009 08:13 am 60
In response to TexBetsy @ 55

disrespect, anyone?


RickinSF | Monday July 13, 2009 08:15 am 61

Did he just say the Puerto Rican ACLU?


Zombiebirdhouse | Monday July 13, 2009 08:15 am 62

shorter Kyl: OMFG!!! A Hispanic with Lady Parts!!! ARGHHHH!!!


cbl2 | Monday July 13, 2009 08:16 am 63

Mornin’ Christy and Firedogs -

per The Hill:

Sen. Dianne Feinstein’s (D-Calif.) opening statement was brought to a dead halt by a protester who screamed out: “What about abortion?” and “Stop the genocide of unborn Latinos!”

link


Leen | Monday July 13, 2009 08:16 am 64

Kyl bringing us legislation based on “facts and evidence” Choke
http://wwwwakeupamericans-spre…..asses.html


TexBetsy | Monday July 13, 2009 08:17 am 65

Hey Deb! Long time no see!


Zombiebirdhouse | Monday July 13, 2009 08:17 am 66
In response to cbl2 @ 63

Thank you!


biffdiggerence | Monday July 13, 2009 08:17 am 67

Someone should inform the cement headed Senator from Arizona that the Declaration of Independence itself was a plea to world opinion to separate us from the Crown.


Blub | Monday July 13, 2009 08:18 am 68

Sessions really attacked ”empathy” as a weakness for America? So much for the compassionate conservative.


RickinSF | Monday July 13, 2009 08:19 am 69

Chuck’s ‘do rivals Biden’s


Elliott | Monday July 13, 2009 08:19 am 70
In response to cbl2 @ 63

Thank you kindly :)


Zombiebirdhouse | Monday July 13, 2009 08:19 am 71

shorter Shumer: even she doesn’t like latinos? WTF???


RevDeb | Monday July 13, 2009 08:20 am 72

Nothing Schumer has said makes me feel confident in this choice. All his points are the reich wing’s desire.


RevDeb | Monday July 13, 2009 08:22 am 73
In response to TexBetsy @ 65

I don’t have as much time to spend here as I used to. In fact I’ll miss most of this if not all ‘cuz I have to be ata church seminar tomorrow through Thurs.

Sucky timing.


RevDeb | Monday July 13, 2009 08:23 am 74

threat 2 up top.


TexBetsy | Monday July 13, 2009 08:23 am 75

Is this guy nominating someone else instead?


Elliott | Monday July 13, 2009 08:23 am 76

I agree.


RevDeb | Monday July 13, 2009 08:24 am 77
In response to RevDeb @ 74

I meant thread 2 of course


demi | Monday July 13, 2009 08:24 am 78
In response to Zombiebirdhouse @ 71

That’s not what I heard him say. And, actually, I thought he gave a nice slap down of Kyl’s comments.


demi | Monday July 13, 2009 08:25 am 79
In response to RevDeb @ 72

We must have different ears sometimes.


foothillsmike | Monday July 13, 2009 08:25 am 80

Just got one of those obnoxious rethug robocall/”surveys ” about Sotomayor. Hung up during second question.


Zombiebirdhouse | Monday July 13, 2009 08:26 am 81

Good. I hoped that I had misheard that. I thought he seemed to be bragging about how she ruled for the government over immigrants 93% of the time.


TexBetsy | Monday July 13, 2009 08:26 am 82

Have we just entered an alternate universe?


Elliott | Monday July 13, 2009 08:28 am 83

demi | Monday July 13, 2009 08:30 am 84
In response to Zombiebirdhouse @ 81

The way I heard it, he was arguing against so manys fears that she is biased FOR Latinas, and was making a point that she will look at the Law fairly and not from a biased point of view. I could be wrong, though. That’s what I was hearing at any rate.


RevDeb | Monday July 13, 2009 08:33 am 85
In response to demi @ 79

I know what he was saying and why. I’d just like to see someone nominated who was an unapologetic liberal for once. I don’t need judicial modesty, I want a champion for the people.

My fondest dream was the scenario on West Wing in The Supremes


Raven | Monday July 13, 2009 09:58 am 86

Whitehouse coming up in a bit on MSNBC


tejanarusa | Monday July 13, 2009 10:28 am 87

Argh – just heard a clip on the npr show Here and Now – sounded like Lindsey Graham – claiming that PRLDEF is extremely liberal and far out, and goinng on to say, “if we ever get a conservative president….and he nominates someone with equal passion.” they’ll be treated fairly.

Is he aware that it’s only be, oh, six months since we got RID of 8 yrs of conservative pres and his ridiculously right-wing judicial nominees? gaaag.


kevsters | Monday July 13, 2009 10:34 am 88

We should all be ready for some fireworks. If not from Congress, certainly from the misogynistic right.

Here is a perfect example of women haters starting the cannon fodder.

http://progressnotcongress.org/?p=2144


BlueCrow | Monday July 13, 2009 10:56 am 89

Leahy’s lie:

“This is a nation based on the rule of law.”


tbsa | Monday July 13, 2009 12:20 pm 90
In response to tejanarusa @ 87

What the fuck does he call Scalito and Roberts?


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SCOTUS: Live Streaming Of Sotomayor Confirmation Hearing
SCOTUS: Sotomayor Hearings, Day One, Part II

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