Tuesday, July 14, 2009

Issues of Religion Play Little Role In First Day of Sotomayor Hearings

Yesterday, the Senate Judiciary Committee held its first day of hearings on the nomination of Judge Sonia Sotomayor to the U.S. Supreme Court. The day began with opening statements from each member of the Committee. Then the Senators from Sotomayor's home state of New York (Sens. Schumer and Gillibrand) introduced the nominee. The day's hearings closed with Sotomayor's opening statement. Issues of religion, religious freedom and church-state were not particularly prominent. The Washington Post has published the full text of all the statements. Here are the only references in them issues of religion:

Sen. Patrick Leahy:
Those who break barriers often face the added burden of overcoming prejudice.... The confirmation of Justice Louis Brandeis, the first Jewish American to be nominated to the high court, was a struggle rife with anti-Semitism and charges that he was a "radical". The commentary at the time included questions about "the Jewish mind" and how "its operations are complicated by altruism." Likewise, the first Catholic nominee had to overcome the argument that "as a Catholic he would be dominated by the pope."
Sen. Jeff Sessions:
Do I want a judge that allows his or her social, political, or religious views to change the outcome? Or, do I want a judge that impartially applies the law to the facts, and fairly rules on the merits, without bias or prejudice?
Sen. Chuck Schumer (discussing cases Sotomayor has decided):

And she upheld the First Amendment right of a prisoner to wear religious beads under his uniform.
Sen. Benjamin Cardin:

My grandparents came to America more than 100 years ago. I am convinced that they came to America not only for greater economic opportunities, but because of the ideals expressed in our Constitution, especially the First Amendment guaranteeing religious freedom.

My grandparents wanted their children to grow up in a country where they would be able to practice their Jewish faith and fully participate in their community and government. My father, one of their sons, became a lawyer, state legislator, circuit court judge and President of his synagogue. And now his son serves in the U.S. Senate.

While our Founding Fathers made freedom of religion a priority, equal protection for all races took longer to achieve.... I remember with great sadness how discrimination was not only condoned but, more often than not, actually encouraged against Blacks, Jews, Catholics, and other minorities in the community. There were neighborhoods that my parents warned me to avoid for fear of my safety because I was Jewish. The local movie theater denied admission to African Americans. Community swimming pools had signs that said "No Jews, No Blacks Allowed." Even Baltimore's amusement parks and sports clubs were segregated by race.

Sen Dick Durbin:

Your mother worked two jobs so she could afford to send you and your brothers to Catholic schools, and you earned scholarships to Princeton and Yale.

Senator Kirsten Gillibrand's introduction of Sotomayor included a quote from Justice Scalia that he "grew up with people of all religious and ethnic backgrounds."

Judge Sotomayor in her opening statement made no mention of religion, religious freedom or church-state issues.

An opinion piece from today's Wall Street Journal asks: "Why was Samuel Alito's Catholicism so much more discussed than Sonia Sotomayor's?"