Fox News Channel Interview - Transcript

Interview

By: Jon Kyl
By: Jon Kyl
Date: May 27, 2009
Location: Unknown
Issues: Judicial Branch


Fox News Channel Interview - Transcript

Fox News Channel Interview With Senator Jon Kyl (R-AZ)

Subject: Sonia Sotomayor Interviewer: Jon Scott

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MR. SCOTT: Joining us, Senator Jon Kyl. He is the second highest-ranking Republican in the Senate, a member of the Judiciary Committee, which will hold those confirmation hearings on Judge Sotomayor. Because of the press of Senate business, he is joining us on the phone.

Senator Kyl, you voted against her when she was nominated to the Circuit Court. Would you do the same thing when it comes to the Supreme Court?

SEN. KYL: Jon, we're going to examine her decisions, her opinions, the writings, what she has said in speeches, listen to the witnesses who testify before our committee. We will view the FBI report, of course, and the ABA recommendations, and, with all of that information, make the appropriate decision.

And so I can't say right now how I would view it. But I will say this. I will respectfully disagree with the way you set this up. Our vote is not going to be based -- at least, my vote won't be based on politics or political considerations. It's a wonderful thing that a Latina has been nominated to the court.

But just as I will ask her to make decisions based upon the law rather than how you feel about something or on politics, I think we have to approach our job the same way. And so we're not looking for a reason to oppose her. We will examine all of these things, and I'll make my decision at the appropriate time, but it'll be based upon the facts rather than politics or how I feel about something.

MR. SCOTT: Point taken. I think we are restating what some of the arguments are or some --

SEN. KYL: Right.

MR. SCOTT: -- of the -- some of the observations that have been made by political observers that Republicans, whether it is real or percieved, cannot be seen as going after this nominee simply because she's female or simply because she is Hispanic.

SEN. KYL: And, of course, that's absolutely true, just as you wouldn't want us to support a nominee just because of age or sex or gender or ethnicity or any of the other factors. You want to know what the person's background is, how they've approached judging in the past. And that'll be the real test here.

The president's always going to be nominating liberal members of the Bar to serve as judges. The question is, can they decide cases fairly based on the law rather than making the law. And that'll be the primary test that I'll be applying to her nomination.

MR. SCOTT: I know we're only 24 hours or so into her nomination, but are there any red flags for you?

SEN. KYL: There are some thing that she said that she'll have to explain, and I'm sure those will be the subject of the hearings when she comes to testify. But, again, I'd rather not focus on those because I don't want it to appear as if I'm looking for the negative. There are some very positive things about her background as well. And you have to weigh all of those factors before making a final judgment.

MR. SCOTT: She was raised a Catholic, attended a Catholic high school here in New York City. What about the issue of abortion? Is that something you'll question her on?

SEN. KYL: I'm sure she'll be questioned on that. The question really, though is, how has she decided cases where the issue's come up? We do approach all of our jobs from our life experiences and our faith and other factors. But when you get to be a judge, you have to lay a lot of that aside and just decide cases based upon the law. And I haven't examined her opinions yet to see whether she's been able to do that on sensitive issues like abortion.

MR. SCOTT: What about the timetable on all of this? The president says he wants her nomination voted on before the recess, which, I believe, is in the middle of August, August 15th or so, isn't it?

SEN. KYL: Yeah, it starts at the end of the first week in August. And that's probably too ambitious a timeframe. But the term of the Court does not begin until the beginning of October, as you know, and as a result, I think there should be plenty of time to get the confirmation concluded by then.

But my guess is if you apply the same general standards as were applied to the Roberts and Alito nominations, that probably it goes into the first part of September.

MR. SCOTT: Senator Jon Kyl of Arizona, a Republican who is on the Judiciary Committee, and will be hearing her nomination process, thank you.

SEN. KYL: Thank you, Jon.

END.


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