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Key Excerpt: Leahy and Sotomayor on Granting Certiorari

Courtesy of CQ Transcriptions

CHAIRMAN LEAHY: If you were on the Supreme Court, and this is basically the same thing I asked Justice Roberts and Justice Alito, if you were on the Supreme Court, four of your fellow justices said they'd like to consider a death penalty case, and they asked you to be a fifth vote to stay the execution, even though you didn't necessarily plan to vote for cert, how would you approach that issue?

JUDGE SOTOMAYOR: I answer the way that those two justices did, which is I would consider the rule of the fifth route (ph) vote in the way it has been practiced by the court. It has a sensible basis, which is that, if you don't grant the stay, an execution can happen before you reach the question of whether to grant certiorari or not.

LEAHY: Well, I thank you.

And I applauded both Chief Justice Roberts and Justice Alito for their answer. It appears that perhaps somewhere between the hearing room and the Supreme Court their minds changed.

Read the full exchange between Chairman Leahy and Judge Sotomayor here.

By Washington Post editors  |  July 16, 2009; 1:30 PM ET
Categories:  Hearings , Supreme Court , Topics: Certiorari  
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My biggest concern with Justice Sotomayer is two-fold:

1. With her refusal to discuss her own personal biases, we don't know what type of judge she will be.

2. With what we know of her history and past, especially with the firefighter decision as well as her comments about a Latina woman and "white males," race relations in the United States has already sustained an irreparable damage which will only become worse if she is confirmed.

The comments were racist and biggoted against another group of individuals and confirmation would enhance polarity in the United States.

It would be a slap in the face by the Democratic party to an open society of individuals who just elected the first black President.

Posted by: bruzzones2000 | July 16, 2009 2:16 PM | Report abuse

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