Sotomayor Hearings, Day Four: Ricci Speaks
(New Haven firefighter Frank Ricci testifying before the Senate Judiciary Committee; photo, National Journal's Rick Bloom)
Seated at the same witness table where Judge Sonia Sotomayor spent the past three and a half days, New Haven (CT) firemen Frank Ricci and Ben Vargas put human faces on what has been a major GOP theme of Sotomayor's SCOTUS confirmation hearings this week: her ruling that the city acted within the law when it threw out promotion-test results because no African-Americans passed.
Ricci read his opening statement, using his finger to guide him through the text, presumably a strategy for managing the dyslexia that he said made it necessary to spend months preparing for the exam. He said he was a "virtual absentee father and husband" during that time.
In his moving statement, Ricci said that the firefighters who "deserved" promotions were denied them -- both by the city and the Sotomayor-joined panel of the 2nd Circuit Court of Appeals. "We sought basic fairness and even handed enforcement of the laws -- something all Americans believe in," Ricci said.
Vargas, who like Sotomayor is of Puerto Rican ancestry, said he was "proud of the heritage and background" that he and Sotomayor shared, but that "he was shocked when I was not rewarded" for his test score. "Americans want those who are the most knowledgeable and qualified to do the task," Vargas said. "Racial identity should not be placed above these considerations."
Both Ricci and Vargas, who appeared in full New Haven FD uniform, garnered a great deal of sympathy, incidentally, from the members of the cmte. Sotomayor had also said under questioning 7/14 that she felt empathy for those who weren't promoted, though she stood by her decision.
Other Sidebars
The day began with the resumption of the second round of questioning of Sotomayor. Senate Min. Whip Jon Kyl led things off with a discussion of her ruling in Ricci, but, again, it was Sen. Lindsey Graham (R-SC) who stole the show.
Graham talked about a number of issues, but he said he drew the conclusion that Sotomayor's judicial record was "not radical, by any means." But her speeches, he said, were "disturbing" to conservatives.
And at the end of his time, he returned to Sotomayor's now-infamous "wise Latina" remark. "To those who may be bothered by that, what do you say?" he asked.
"I regret that I have offended some people," Sotomayor said. "I believe that my life demonstrates that that was not my intent to leave the impression that some of taken from my words."
"You know what, Judge?" Graham replied, coming close to endorsing her nomination. "I agree with you. Good luck."
The GOP members requested a third round of questioning but covered little new ground during that time, with many of them using the opportunity to assure Sotomayor that she was nearing the end of a long, grueling week. "We may be in about the 25th mile in the marathon," Kyl told her at the outset of his third round, suggesting that he might have "empathy" for her.
Amicus Curiae
When Sotomayor was dismissed, the cmte began hearing from five panels of outside witnesses. The first panel was comprised of two officials of the American Bar Assn, who testified about their unanimous report that classified her as "very qualified" to serve on the court.
The second panel contained not only Ricci and Vargas, but also NYC Mayor Mike Bloomberg (I) and New York Co. (Manhattan) DA Robert Morgenthau (D), who testified on behalf of Sotomayor's nomination. "I strongly believe she should be supported by Republicans, Democrats and independents -- and I should know, because I've been all three," Bloomberg joked in his statement.
The third panel included ex-FBI Dir. Louis Freeh, who served with Sotomayor on the U.S. District Court bench, Nat'l Fraternal Order of Police Pres. Chuck Canterbury and David Cone, who as a member of the Kansas City Royals and a leader in the MLBPA, was involved in the labor dispute that Sotomayor helped end in '95.
On that panel, ex-NRA Pres. Sandy Froman argued against Sotomayor's confirmation. Ranking Member Jeff Sessions (R-AL) used her testimony as an opportunity to reveal that the NRA today officially announced its opposition to Sotomayor's confirmation.
Order To Appear
Senate Judiciary Cmte Chair Pat Leahy (D-VT) told reporters that he hoped to hold a cmte vote on the nomination on 7/21. But GOPers are likely to balk at that timeline; any cmte member can delay a vote for up to a week.
Still, Sessions said he "would not support" a filibuster of her nomination, and he "looked forward" to a final Senate vote before the Senate begins its Aug. recess, which is set for 8/7.
(STEVEN SHEPARD)