Sens. Likely To Raise Abortion-Rights Issues At Hearings For Supreme Court Nominee Sotomayor

The confirmation hearings for Supreme Court nominee Judge Sonia Sotomayor are scheduled to begin Monday, and members of the Senate Judiciary Committee are expected to question her about abortion rights and other "politically charged issues," the New York Times reports (Liptak, New York Times, 7/12). The hearing on Monday will include opening remarks from the 12 Democrats and seven Republicans on the committee, as well as an opening statement from Sotomayor. The questioning portion of the hearings is scheduled to begin on Tuesday (Sherman, AP/Houston Chronicle, 7/12). Although Sotomayor will be asked questions on abortion rights, race, foreign law and other contentious issues, she will "probably answer only a predictable few" and "will have little reason to deviate from the convention" of her predecessors, the Times reports. According to the Times, most Supreme Court nominees since former Justice Sandra Day O"Connor have followed the same strategy of speaking knowledgably about precedent and law without specifically saying how they would rule (New York Times, 7/12).According to USA Today, senators from both parties will use Sotomayor"s hearings not only to lay out their views but to "establish the tone for any future nominations" by President Obama (Biskupic, USA Today, 7/13). Because Sotomayor is replacing Justice David Souter, who retired in June, her addition to the court is not expected to change the balance of power (AP/Houston Chronicle, 7/12).Although committee members are expected to ask Sotomayor about her position on abortion rights, the issue is not likely to play as large a role as in previous Supreme Court nomination hearings, the Times reports. It is possible that Democrats will raise the issue as they seek reassurance that Sotomayor would uphold the tenets of Roe v. Wade if such a case were presented to her as a justice. While most court nominees have not explicitly said if they would uphold Roe, Sotomayor will probably "respond in a sort of code" and say that she respects precedent on court rulings related to abortion rights, according to the Times (New York Times, 7/12). Sotomayor has not ruled on a constitutional right to privacy, and the decisions she has written that briefly deal with abortion rights do not reveal a specific stance on that issue, according to USA Today. In one decision regarding the prohibition of federal funding from international family planning groups that support abortion rights, Sotomayor wrote that the government is "free to favor the antiabortion position over the pro-choice position, and can do so with public funds" (USA Today, 7/13).Nancy Northup, president of the Center for Reproductive Freedom, said the group has pressed Democratic senators to ask Sotomayor about her views on abortion rights. Northup said, "Constitutional protection for abortion rights should not be treated differently than other important questions of constitutional law" (New York Times, 7/12). Some women"s rights groups have remained relatively quiet in expressing their support for Sotomayor, citing her limited record on abortion rights, the AP/Google.com reports. National Organization for Women Vice President Melody Drnach said that the group has been publicly focusing on the health care reform debate but that it would soon step up efforts behind the scenes to lobby support for Sotomayor. She added that despite Sotomayor"s limited ruling on abortion rights, the group feels it would be "very, very surprising if the president and his team would nominate somebody who was not going to believe in full equality for women and girls to be a part of the highest court in the land." NARAL Pro-Choice America officials said the group has focused its res on urging senators to ask Sotomayor questions about the right to privacy during the hearings. Marcia Greenberger of the National Women"s Law Center said women"s groups are not withholding support for Sotomayor but have been busy examining her record. The National Association of Women Lawyers rated Sotomayor as "highly qualified" but noted that