Sotomayor hearing: The morning spin

by James Oliphant

The Judiciary Committee has cranked up the hearing again after a lunch break.(I had a cobb salad.) Because of the 12-7 imbalance on the committee, the Republicans are done speaking for the moment. Right now, Delaware's senator, Ted Kaufman, is giving his opening remarks.

Here's the morning spin:

Republicans, led by Sen. Jeff Sessions, say they are successfully making a case that Sonia Sotomayor has a lot to answer for--that, to put it in the same terms as Sen. Tom Coburn, "the burden of proof" is on her to prove that she isn't an activist judge who would favor certain disadvantage groups over others. They say her answers over the next days are critical--and that her confirmation is not a foregone conclusion.

It should be noted, however, that several Republican senators differed in theme. Some, like Utah's Orrin Hatch, chose to impugn President Obama's judicial selection criteria rather than openly question Sotomayor's judgment. Others, such as Lindsey Graham of South Carolina, seemed to suggest the president should be allowed some deference on his pick and indicated that he could support Sotomayor.

Democrats, as you might expect, are largely ignoring Sotomayor's "wise Latina" remarks rather than trying to explain them. (Except for Russ Feingold, who called them "a remarkably thoughtul attempt to grapple with a difficult issue.") Instead, they are focusing on the judge's up-from-the-Bronx life story and her record as a prosecutor and judge. Expect them to play more defense as the questions start flying.

The committe's chairman, Patrick Leahy, is painting this as a history-making nomination and is daring Republicans to oppose her at their political peril. He says he is still hoping for some Republican votes.

Still to come: the famously party-jumping senator, Arlen Specter. Then, Minnesota's newest senator, Al Franken, who will strive not to say a single humorous word. And then finally, the nominee will make her introductory statement.