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July 16, 2009

Live blogging Sotomayor: Thursday: Grassley, Kyl, Graham, Cornyn

1:24 p.m.

Leahy sums up, praising her "intelligence" and "grace" and "patience." He says that "through the proceedings, the American people have gotten to know you."

Recess. And this concludes our live blogging.

1:19 p.m.

"I have received all the graciousness I could ask for," Sotomayor assures Sessions.

Then he dumps into the record a bunch of critical articles. Then he talks about guns. Guns, guns, guns, guns.

1: 00 p.m.

Cornyn. Foreign law = bad.

12: 58 p.m.

Cornyn. Guns = good.

12:50 p.m.

Graham talks of difference between military and civilian law, then asks, essentially, whether Sotomayor believes terror suspects can be held indefinitely. After all, Graham says, the terrorists are trying to kill us all.

"It would be crazy for us to capture someone, give them adequate due process..and say at a magic point in time say, good luck, you can go now," Graham said. "Some of them deserve to be in jail until they die."

Graham says "my message" to those who want to join terrorist organizations is that they will be killed or put in prison forever. Which has got to be pretty scary, to all the Al Qaeda probationary members who are watching Sonia Sotomayor's confirmation hearing.

12:46 p.m.

Sen. Lindsey Graham wants to talk more, albeit briefly, about the Second Amendment, which after the Sotomayor hearings should probably be renamed the First Among Equals Amendment.

12: 36 p.m.

Sen. Jon Kyl returns to this New Haven firefighter whose name slips Suits & Sentences' mind at the moment...

And then to the Second Amendment and the Maloney decision...

Kyl presses Sotomayor on what basis will be used to judge a state firearm regulation. The lowest possible standard, of rational basis perhaps? The highest possible standard, of strict scrutiny? A good question, as the Supreme Court left unclear in the District of Columbia v. Heller case what standard does apply.

12:33 p.m

Grassley asks Sotomayor whether she believes, as David Souter evidently once said, that the court should fill "vacuums" in the law. Sotomayor replies that she has always been careful to avoid analogies; use simple words in writing, she says she tells her students. So: no vacuum-filler, she.

12:29 p.m.

Republican Sen. Charles Grassley reads his question from the page in front of him. Sotomayor need not look at her notes to repeat her total respect for stare decisis. So now we know: she follows precedent.

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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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