This week, I nominated Judge Sonia Sotomayor of the U.S. Court of Appeals to replace Justice David Souter, who is retiring after nearly two decades on the Supreme Court. After reviewing many terrific candidates, I am certain that she is the right choice.  In fact, there has not been a nominee in several generations who has brought the depth of judicial experience to this job that she offers.

Judge Sotomayor’s career began when she served as an Assistant District Attorney in New York, prosecuting violent crimes in America’s largest city. After leaving the DA’s office, she became a litigator, representing clients in complex international legal disputes. She was appointed to the U.S. District Court, serving six years as a trial judge where she presided over hundreds of cases. And most recently, she has spent eleven years on the U.S. Court of Appeals, our nation’s second highest court, grappling with some of the most difficult constitutional and legal issues we face as a nation. She has more experience on the federal bench than any incoming Supreme Court Justice in the past 100 years.  Quite simply, Judge Sotomayor has a deep familiarity with our judicial system from almost every angle.

And her achievements are all the more impressive when you consider what she had to overcome in order to achieve them.  Judge Sotomayor grew up in a housing project in the South Bronx; her parents came to New York from Puerto Rico during the Second World War. Her father was a factory worker with a third grade education; when she was just nine years old, he passed away. Her mother worked six days a week as a nurse to provide for her and her brother, buying the only set of encyclopedias in the neighborhood and sending her children to Catholic school. That’s what made it possible for Judge Sotomayor to attend two of America’s leading universities, graduating at the top of her class at Princeton University, and studying at Yale Law School where she won a prestigious post as an editor of the school’s Law Journal.

These many years later, it was hard not to be moved by Judge Sotomayor’s mother, sitting in the front row at the White House, her eyes welling with tears, as her daughter – who had come so far, for whom she sacrificed so much – was nominated to the highest court in the land.

And this is what makes Judge Sotomayor so extraordinary. Even as she has reached the heights of her profession, she has never forgotten where she began. She has faced down barriers, overcome difficult odds, and lived the American dream. As a Justice of the Supreme Court, she will bring not only the experience acquired over the course of a brilliant legal career, but the wisdom accumulated over the course of an extraordinary journey – a journey defined by hard work, fierce intelligence, and the enduring faith that, in America, all things are possible.

It is her experience in life and her achievements in the legal profession that have earned Judge Sotomayor respect across party lines and ideological divides. She was originally named to the U.S. District Court by the first President Bush, a Republican.  She was appointed to the federal Court of Appeals by President Clinton, a Democrat.  She twice has been overwhelmingly confirmed by the U.S. Senate.  And I am gratified by the support for this nomination voiced by members of the legal community who represent views from across the political spectrum.

There are, of course, some in Washington who are attempting to draw old battle lines and playing the usual political games, pulling a few comments out of context to paint a distorted picture of Judge Sotomayor’s record. But I am confident that these efforts will fail; because Judge Sotomayor’s seventeen-year record on the bench – hundreds of judicial decisions that every American can read for him or herself – speak far louder than any attack; her record makes clear that she is fair, unbiased, and dedicated to the rule of law. As a fellow judge on her court, appointed by Ronald Reagan, said recently, “I don’t think I’d go as far as to classify her in one camp or another. I think she just deserves the classification of outstanding judge.”

Congress returns this week and I hope the confirmation process will begin without delay. No nominee should be seated without rigorous evaluation and hearing; I expect nothing less. But what I hope is that we can avoid the political posturing and ideological brinksmanship that has bogged down this process, and Congress, in the past. Judge Sotomayor ought to be on the bench when the Supreme Court decides what cases to hear this year and I’m calling on Democrats and Republicans to be thorough, and timely in dealing with this nomination.

As President, there are few responsibilities more serious or consequential than the naming of a Supreme Court Justice. The members of our highest court are granted life tenure.  They are charged with applying principles put to paper more than two centuries ago to some of the most difficult questions of our time. And the impact of their decisions extends beyond an administration, but for generations to come.

This is a decision that I have not taken lightly and it is one that I am proud to have made. I know that Justice Sotomayor will serve this nation with distinction. And when she ascends those marble steps to assume her seat on the Supreme Court, bringing a lifetime of experience on and off the bench, America will have taken another important step toward realizing the ideal that is chiseled above its entrance: Equal justice under the law.

Thanks.

Past Nominations …

Gallup conducted similar reaction polls immediately after former President George W. Bush’s nominations of John Roberts, Samuel Alito, and Harriet Miers for the Supreme Court in 2005. Although in all instances, the reactions were more positive than negative, the net positive rating (the percentage excellent or good minus the percentage only fair or poor) was highest for Roberts and Sotomayor, and lowest for Alito and Miers.

Perhaps when Judge Sonia Sotomayor was on a panel at Duke University and told the audience that “All of the legal defense funds out there, they’re looking for people with court of appeals experience, because it is – Court of Appeals is where policy is made …” she wasn’t thinking about facing the fire breathing dragons on the right during Senate confirmation hearings.

Let’s just say that explaining this statement is the first chapter of her briefing book.  She’s a smart lady, she’ll do it.  It should also be noted that “morgenr” the person who posted this video to YouTube only posted around 20 seconds of what was surely a longer statement.

Judge Sonia Sotomayor

Sonia Sotomayor has served as a judge on the United States Court of Appeals for the Second Circuit since October 1998. She has been hailed as “one of the ablest federal judges currently sitting” for her thoughtful opinions,i and as “a role model of aspiration, discipline, commitment, intellectual prowess and integrity”ii for her ascent to the federal bench from an upbringing in a South Bronx housing project.

Her American story and three decade career in nearly every aspect of the law provide Judge Sotomayor with unique qualifications to be the next Supreme Court Justice. She is a distinguished graduate of two of America’s leading universities. She has been a big-city prosecutor and a corporate litigator. Before she was promoted to the Second Circuit by President Clinton, she was appointed to the District Court for the Southern District of New York by President George H.W. Bush. She replaces Justice Souter as the only Justice with experience as a trial judge.

Judge Sotomayor served 11 years on the Court of Appeals for the Second Circuit, one of the most demanding circuits in the country, and has handed down decisions on a range of complex legal and constitutional issues. If confirmed, Sotomayor would bring more federal judicial experience to the Supreme Court than any justice in 100 years, and more overall judicial experience than anyone confirmed for the Court in the past 70 years. Judge Richard C. Wesley, a George W. Bush appointee to the Second Circuit, said “Sonia is an outstanding colleague with a keen legal mind. She brings a wealth of knowledge and hard work to all her endeavors on our court. It is both a pleasure and an honor to serve with her.”

In addition to her distinguished judicial service, Judge Sotomayor is a Lecturer at Columbia University Law School and was also an adjunct professor at New York University Law School until 2007.

An American Story

Judge Sonia Sotomayor has lived the American dream. Born to a Puerto Rican family, she grew up in a public housing project in the South Bronx. Her parents moved to New York during World War II – her mother served in the Women’s Auxiliary Corps during the war. Her father, a factory worker with a third-grade education, died when Sotomayor was nine years old. Her mother, a nurse, then raised Sotomayor and her younger brother, Juan, now a physician in Syracuse. After her father’s death, Sotomayor turned to books for solace, and it was her new found love of Nancy Drew that inspired a love of reading and learning, a path that ultimately led her to the law.

Most importantly, at an early age, her mother instilled in Sotomayor and her brother a belief in the power of education. Driven by an indefatigable work ethic, and rising to the challenge of managing a diagnosis of juvenile diabetes, Sotomayor excelled in school. Sotomayor graduated as valedictorian of her class at Blessed Sacrament and at Cardinal Spellman High School in New York. She first heard about the Ivy League from her high school debate coach, Ken Moy, who attended Princeton University, and she soon followed in his footsteps after winning a scholarship.

At Princeton, she continued to excel, graduating summa cum laude, and Phi Beta Kappa. She was a co-recipient of the M. Taylor Pyne Prize, the highest honor Princeton awards to an undergraduate. At Yale Law School, Judge Sotomayor served as an editor of the Yale Law Journal and as managing editor of the Yale Studies in World Public Order. One of Sotomayor’s former Yale Law School classmates, Robert Klonoff (now Dean of Lewis & Clark Law School), remembers her intellectual toughness from law school: “She would stand up for herself and not be intimidated by anyone.” [Washington Post, 5/7/09]

A Champion of the Law

Over a distinguished career that spans three decades, Judge Sotomayor has worked at almost every level of our judicial system – yielding a depth of experience and a breadth of perspectives that will be invaluable – and is currently not represented — on our highest court. New York City District Attorney Morgenthau recently praised Sotomayor as an “able champion of the law” who would be “highly qualified for any position in which wisdom, intelligence, collegiality and good character could be assets.” [Wall Street Journal, 5/9/09]

A Fearless and Effective Prosecutor

Fresh out of Yale Law School, Judge Sotomayor became an Assistant District Attorney in Manhattan in 1979, where she tried dozens of criminal cases over five years. Spending nearly every day in the court room, her prosecutorial work typically involved “street crimes,” such as murders and robberies, as well as child abuse, police misconduct, and fraud cases. Robert Morgenthau, the person who hired Judge Sotomayor, has described her as a “fearless and effective prosecutor.” [Wall Street Journal, 5/9/09] She was cocounsel in the “Tarzan Murderer” case, which convicted a murderer to 67 and ½ years to life in prison, and was sole counsel in a multiple-defendant case involving a Manhattan housing project shooting between rival family groups.

A Corporate Litigator

She entered private practice in 1984, becoming a partner in 1988 at the firm Pavia and Harcourt. She was a general civil litigator involved in all facets of commercial work including, real estate, employment, banking, contracts, and agency law. In addition, her practice had a significant concentration in intellectual property law, including trademark, copyright and unfair competition issues. Her typical clients were significant corporations doing international business. The managing partner who hired her, George Pavia, remembers being instantly impressed with the young Sonia Sotomayor when he hired her in 1984, noting that “she was just ideal for us in terms of her background and training.” [Washington Post, May 7, 2009]

A Sharp and Fearless Trial Judge

Her judicial service began in October 1992 with her appointment to the United States District Court for the Southern District of New York by President George H.W. Bush. Still in her 30s, she was the youngest member of the court. From 1992 to 1998, she presided over roughly 450 cases. As a trial judge, she earned a reputation as a sharp and fearless jurist who does not let powerful interests bully her into departing from the rule of law. In 1995, for example, she issued an injunction against Major League Baseball owners, effectively ending a baseball strike that had become the longest work stoppage in professional sports history and had caused the cancellation of the World Series the previous fall. She was widely lauded for saving baseball. Claude Lewis of the Philadelphia Inquirer wrote that by saving the season, Judge Sotomayor joined “the ranks of Joe DiMaggio, Willie Mays, Jackie Robinson and Ted Williams.”

A Tough, Fair and Thoughtful Jurist

President Clinton appointed Judge Sotomayor to the U.S. Court of Appeals for the Second Circuit in 1998. She is the first Latina to serve on that court, and has participated in over 3000 panel decisions, authoring roughly 400 published opinions. Sitting on the Second Circuit, Judge Sotomayor has tackled a range of questions: from difficult issues of constitutional law, to complex procedural matters, to lawsuits involving complicated business organizations. In this context, Sotomayor is widely admired as a judge with a sophisticated grasp of legal doctrine. “‘She appreciates the complexity of issues,’ said Stephen L. Carter, a Yale professor who teaches some of her opinions in his classes. Confronted with a tough case, Carter said, ‘she doesn’t leap at its throat but reasons to get to the bottom of issues.’” For example, in United States v. Quattrone, Judge Sotomayor concluded that the trial judge had erred by forbidding the release of jurors’ names to the press, concluding after carefully weighing the competing concerns that the trial judge’s concerns for a speedy and orderly trial must give way to the constitutional freedoms of speech and the press.

Sotomayor also has keen awareness of the law’s impact on everyday life. Active in oral arguments, she works tirelessly to probe both the factual details and the legal doctrines in the cases before her and to arrive at decisions that are faithful to both. She understands that upholding the rule of law means going beyond legal theory to ensure consistent, fair, common-sense application of the law to real-world facts. For example, In United States v. Reimer, Judge Sotomayor wrote an opinion revoking the US citizenship for a man charged with working for the Nazis in World War II Poland, guarding concentration camps and helping empty the Jewish ghettos. And in Lin v. Gonzales and a series of similar cases, she ordered renewed consideration of the asylum claims of Chinese women who experienced or were threatened with forced birth control, evincing in her opinions a keen awareness of those women’s plights.

Judge Sotomayor’s appreciation of the real-world implications of judicial rulings is paralleled by her sensible practicality in evaluating the actions of law enforcement officers. For example, in United States v. Falso, the defendant was convicted of possessing child pornography after FBI agents searched his home with a warrant. The warrant should not have been issued, but the agents did not know that, and Judge Sotomayor wrote for the court that the officers’ good faith justified using the evidence they found. Similarly in United States v. Santa, Judge Sotomayor ruled that when police search a suspect based on a mistaken belief that there is a valid arrest warrant out on him, evidence found during the search should not be suppressed. Ten years later, in Herring v. United States, the Supreme Court reached the same conclusion. In her 1997 confirmation hearing, Sotomayor spoke of her judicial philosophy, saying” I don’t believe we should bend the Constitution under any circumstance. It says what it says. We should do honor to it.” Her record on the Second Circuit holds true to that statement. For example, in Hankins v. Lyght, she argued in dissent that the federal government risks “an unconstitutional trespass” if it attempts to dictate to religious organizations who they can or cannot hire or dismiss as spiritual leaders. Since joining the Second Circuit, Sotomayor has honored the Constitution, the rule of law, and justice, often forging consensus and winning conservative colleagues to her point of view.

A Commitment to Community

Judge Sotomayor is deeply committed to her family, to her co-workers, and to her community. Judge Sotomayor is a doting aunt to her brother Juan’s three children and an attentive godmother to five more. She still speaks to her mother, who now lives in Florida, every day. At the courthouse, Judge Sotomayor helped found the collegiality committee to foster stronger personal relationships among members of the court. Seizing an opportunity to lead others on the path to success, she recruited judges to join her in inviting young women to the courthouse on Take Your Daughter to Work Day, and mentors young students from troubled neighborhoods Her favorite project, however, is the Development School for Youth program, which sponsors workshops for inner city high school students. Every semester, approximately 70 students attend 16 weekly workshops that are designed to teach them how to function in a work setting. The workshop leaders include investment bankers, corporate executives and Judge Sotomayor, who conducts a workshop on the law for 25 to 35 students. She uses as her vehicle the trial of Goldilocks and recruits six lawyers to help her. The students play various roles, including the parts of the prosecutor, the defense attorney, Goldilocks and the jurors, and in the process they get to experience openings, closings, direct and cross-examinations. In addition to the workshop experience, each student is offered a summer job by one of the corporate sponsors. The experience is rewarding for the lawyers and exciting for the students, commented Judge Sotomayor, as “it opens up possibilities that the students never dreamed of before.” [Federal Bar Council News, Sept./Oct./Nov. 2005, p.20] This is one of many ways that Judge Sotomayor gives back to her community and inspires young people to achieve their dreams.

She has served as a member of the Second Circuit Task Force on Gender, Racial and Ethnic Fairness in the Courts and was formerly on the Boards of Directors of the New York Mortgage Agency, the New York City Campaign Finance Board, and the Puerto Rican Legal Defense and Education Fund.

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i American Philosophical Society, Biographical Essays of Moderators, Speakers, Inductees and Award Recipients, Annual General Meeting, April 2003, at 36.

ii Honorary Degree Citation, Pace University School of Law, 2003 Commencement.

Obama Selects Sotomayor – New York Times

Judge Sotomayor, who stood next to the president during the announcement, was described by Mr. Obama as “an inspiring woman who I am confident will make a great justice.”

The president said he had made his decision after “deep reflection and careful deliberation,” and he made it clear that the judge’s inspiring personal story was crucial in his decision. Mr. Obama praised his choice as someone possessing “a rigorous intellect, a mastery of the law.”

But those essential qualities are not enough, the president said. Quoting Justice Oliver Wendell Holmes, Mr. Obama said, “The life of the law has not been logic, it has been experience.” It is vitally important that a justice know “how the world works, and how ordinary people live,” the president said.

The judge described her selection as “the most humbling honor of my life.”

• Obama nominates Judge Sotomayor – Washington Times

The president said he wanted a nominee with intellectual rigor and an appreciation for the limits of judicial power — “a judge’s job is to interpret, not make law.” But he said it was Ms. Sotomayor’s “own extraordinary journey” from the housing projects of the South Bronx that he thinks will give her the “common touch” he wanted in a justice.

Mr. Obama also touted Ms. Sotomayor as a jurist with moderate appeal because she was first nominated to the federal bench by former President George H.W. Bush, a Republican.

• Obama chooses Sotomayor – Washington Post

However, Sotomayor is strongly opposed by conservative groups, who have signaled their intention to use her nomination as a rallying cry against liberal causes. Republican lawmakers said this weekend they would try to slow down her confirmation, which despite the strong Democratic majority in the Senate could lead to an all-consuming fight this summer that could divert attention from the rest of Obama’s political and economic agenda.

“Judge Sotomayor is a liberal judicial activist of the first order who thinks her own personal political agenda is more important that the law as written,” said Wendy E. Long, counsel to the Judicial Confirmation Network, in a statement e-mailed to reporters this morning. “She thinks that judges should dictate policy, and that one’s sex, race, and ethnicity ought to affect the decisions one renders from the bench.”

• SCOTUS pick is Sotomayor – CNN

Sotomayor, however, has suffered through recent stinging criticism in the media and blogs from both the left and right over perceived — some defenders say invented — concerns about her temperament and intellect.

As she has risen through the judicial ranks, Sotomayor increasingly has drawn the ire and opposition of conservatives. A majority of Republican senators opposed her elevation to the appellate court in 1998.

However, an official with the Republican National Committee promised that the GOP will be equitable toward Sotomayor.

“The Republicans are going to strike a tone that’s fair, that allows the vetting process to happen like it should, and that’s in stark contrast to how the Democrats dealt with Judge Roberts when you look back a couple years ago,” the official said, referring to the 2005 confirmation of Chief Justice John Roberts.