August 06, 2009

Byrd Votes To Confirm Judge Sotomayor to Supreme Court

            Byrd’s remarks in support of her nomination follow:

“I have never missed a vote on a nomination for a Supreme Court Justice in my time in the Senate.  Today, I will vote to support the nomination of Judge Sonia Sotomayor.  I submitted questions to Judge Sotomayor on matters of great importance to the preservation of Congressional power: the Constitutional grant of the purse strings to the Congress; the role and responsibility of the Legislative Branch to conduct oversight and investigation; and the deliberate restraints on the Executive Branch created by the Constitution’s separation of powers.  I found her answers thoughtful, her intellect keen, and that Judge Sotomayor possessed the requisite reverence (and patience) for the process outlined in Article II, Section 2 of the Constitution.”

“I watched the hearings intently; I studied Judge Sotomayor’s words.  What struck me about the Judiciary Committee’s hearings was the dearth of inquiry into her judicial record.  Indeed, her record is certainly substantial; the most substantial record I have seen in some time.  But, instead of delving into her many opinions, or questioning her on Supreme Court jurisprudence, Judge Sotomayor was asked the same few questions over and over, needlessly.”

“The tendency to grandstand is hardly a partisan thing.  The Senate's ability to question a nominee is a precious gift from our Founding Fathers – a check on the Judiciary and on the Executive.  While the President may nominate, the advice and consent of the Senate is required for confirmation.  But, in this particular instance, partisan trifles took the place of constitutional probing.  Statements were taken out of context, while volumes of Judge Sotomayor's judicial record went unquestioned, and likely unread.  Unfortunately, by not probing, the Senate shirks its responsibilities.”

“Judge Sotomayor's story is similar to my own story.  Much like my own journey from the southern coalfields of Raleigh County to the United States Senate, Judge Sotomayor overcame tremendous adversity through determination and hard work.”

“Judge Sotomayor will be confirmed by the Senate.  That is a good thing.  I hope that we as a body will reflect on the nomination and confirmation processes as envisioned in the Constitution, and ask ourselves whether we can do a better job in living up to the spirit of the law in the future.”

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