Questions for Sotomayor

Now that President Obama has nominated Appeals Court judge Sonia Sotomayar to replace retiring Justice Souter on the High Court, what should the Senate focus on in its confirmation process to give Sotomayor a fair hearing while respecting her obligation to not prejudge specific cases that will undoubtedly come before the Supreme Court during her tenure (assuming confirmation)? This article by Neomi Rao asks some good questions that senators should ask Sotomayor to get to the root of her judicial philosophy:

• Do you believe that judges should use "empathy" to decide cases?


• Do you believe that interpretations of the Constitution should evolve to keep up with the times?


• Should Supreme Court justices be bound by precedent?


• What is the court's role when interpreting ambiguous laws?


• What matters most, the law or the result?

If Sotomayor's answers reveal a role for identity politics and policy-making in judging the facts of cases or the constitutinality of laws, then her nomination should be voted down.