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July 16, 2009

Live blogging Sotomayor: Thursday: Graham

Sotomayor 10:25 a.m.

Graham cites the endorsement of former independent prosecutor Kenneth Starr as a positive sign for Sotomayor. But isn't it a little dicey to place much weight on this? Mr. Starr is an advocate before the Supreme Court, with a vested interest in kissing up  maintaining a good relationship with a future justice.

10:21 a.m.

Graham presses her on whether she acknowledges that the Puerto Rican Legal Defense and Education Fund consistently supported abortion rights and other "left of center" positions. But then, Graham says he doesn't see in her judging any sense of abortion advocacy.

"My decisions have not shown me to be an advocate of any particular group," Sotomayor said.

10:18 a.m.

Sotomayor says she rejects "identity politics," per se.

"Your record as a judge has not been radical, it's been left of center," Graham says, "but your speeches disturb me."

10:15 a.m.

Graham enters into lecture mode, ranging across the field of marriage before telling Sotomayor she will have to wrestle with the question of whether the Second Amendment is a fundamental right, applicable to states.

Graham seems to be getting at whether Sotomayor acknowledges her ultimate decision on Second Amendment will come down to a "subjective" judgment. In other words: she can't lean on precedent, alone. Her values, her "self" will guide her decision.

"At the end of the day, you aren't going to find a law book that tells you," Graham says.

Graham says Sotomayor is "more acceptable" as a judge because he believes she can recognize a right that she, herself, does not want for herself. Sounds like he will be voting "aye."

"You are broad-minded enough to understand that America is bigger than the Bronx, and bigger than South Carolina," Graham said.






10:06 a.m.

Republican Sen. Lindsey Graham raises the white flag of surrender.

"We'll see what your future holds, but I think it's going to be pretty bright," Graham tells Sotomayor.

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mike

"Suits & Sentences" is a legal affairs blog written by Michael Doyle, a reporter for McClatchy's Washington Bureau. He was a Knight Journalism Fellow at Yale Law School, where he earned a Master of Studies in Law; he also earned a Masters in Government from The Johns Hopkins University with a thesis on the Freedom of Information Act. He teaches journalism as an adjunct instructor at The George Washington University's School of Media and Public Affairs.

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