In this blog series, HRC attorneys discuss news and break down legal theories relevant to a U.S. Supreme Court nomination and the recent retirement of Justice David Souter.
This morning, the Senate Judiciary Committee began conducting the confirmation hearings of Supreme Court nominee Sonya Sotomayor. To kick off the hearings, all the Senators on the Committee have the opportunity to give opening statements. One trend that emerged over the course of the day, numerous senators, particularly many of the Democrats, have referenced Chief Justice Roberts’ comparison of judges to umpires.
In his confirmation hearing in 2005, Chief Justice Roberts said, “Judges are like umpires. Umpires don’t make the rules; they apply them. . . . I will remember that it’s my job to call balls and strikes and not to pitch or bat.”
In the weeks and months leading up to today’s hearing, Senators like Ranking Member Jeff Sessions (R-AL) have evoked Roberts’ comments to suggest that President Obama’s interest in judicial empathy and Judge Sotomayor’s experience as a Latina woman somehow undermine the proper role of a judge.
However, applying the correct rule of law is not always as straightforward as calling balls and strikes. Sometimes it is not clear which rule, if any, applies. Sometimes the rule itself is not clear. Occasionally the rule may even be unconstitutional. Judges have to make more complicated, far-reaching decisions than who will win a baseball game. And, of course, it is important to remember that judges are human beings with their own unique backgrounds and viewpoints. Chief Justice Roberts himself recognized this when he said, “I will decide every case based on the record, according to the rule of law . . . to the best of my ability.” It is the varying abilities, strengths, and experiences of judges that help them make decisions that are as fair and faithful to the Constitution as they can be.
To read the Senators’ statement visit the Senate Committee on the Judiciary website.
After opening statements, Judge Sotomayor will have a chance to address the Committee. Following her statement, the Senators will begin their questioning. HRC is keeping a close eye on the hearings and Sotomayor’s answers to the Committee. HRC will continue to post updates so be sure to check back regularly for more information.
Learn more about federal judicial nominations and follow our work on these crucial issues on HRC’s Equality in the Courts page.
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