Executive Session

Floor Speech

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Mr. CONRAD. Mr. President, the story of Sonia Sotomayor's life is a remarkable one. Born in humble circumstances, she has risen to the top of the legal field, and earned the opportunity to be considered for a place on America's highest court.

As evidenced by her exceptional educational achievements, and her vast and varied legal resume as a prosecutor, private practice litigator and Federal judge, Sonia Sotomayor is unquestionably qualified from the standpoint of experience, competence, and intellect. In fact, having been appointed to the Federal bench in 1992 by President George H.W. Bush, she has more Federal judicial experience than any Supreme Court nominee in 100 years, and more overall judicial experience than any nominee in 70 years.

Judge Sotomayor's record places her squarely within the mainstream of American jurisprudence. Even some of her harshest critics have conceded that her long record on the bench is one of mainstream decisions and judicial opinions.

And Judge Sotomayor's record shows that she is not an activist and has not legislated from the bench. Instead, she has faithfully adhered to precedent. In fact, the nonpartisan Congressional Research Service, CRS, found that ``perhaps the most consistent characteristic of Judge Sotomayor's approach as an appellate judge has been an adherence to the doctrine of stare decisis (i.e., the upholding of past judicial precedents).'' Further, CRS found that Sotomayor has exhibited ``a careful application of particular facts at issue in a case and a dislike for situations in which the court might be seen as overstepping its judicial role.''

Finally, Judge Sotomayor has the temperament to serve on the Supreme Court. Her grueling nomination hearings demonstrated her patience, thoughtfulness and composure in the face of tough and aggressive questioning by almost 20 Senators over several days.

Those same qualities of character were evident during our personal meeting. During our wide-ranging discussion, I also found Judge Sotomayor to be genuine, humble and open-minded. Although she grew up in an urban setting, I am confident that she can relate to people from more rural areas like North Dakota, because she understands everyday people and their struggles, she has common sense, and she is no stranger to hard work and the need to overcome obstacles. In short, I believe she learned the same values and the same lessons growing up in the Bronx that I learned growing up in Bismarck.

Some Senators have announced their intention to vote against Judge Sotomayor, but their criticism has not been based on a comprehensive assessment of her 17-year record as a judge, or her 30 years in the legal profession. One source of opposition has been various comments she has made in speeches, particularly on the topics of race and gender. Judge Sotomayor herself has admitted that she could have phrased some of her comments in these areas more effectively or appropriately. But when taken in their full context, her remarks seem to be primarily an expression of support for the unique American ``melting pot'' and the notion that a diversity of backgrounds has made us a stronger and better nation. Perhaps more importantly, there is no evidence whatsoever that her personal views have improperly influenced her decisions in the courtroom.

Some have also questioned Sotomayor's views on gun rights, and, in particular, whether or not she believes the second amendment restricts the right of individual States to regulate firearms. Despite the concerns that have been raised, a careful reading of her judicial record indicates that she has been very much in the judicial mainstream on gun issues. And she clearly stated during her confirmation hearings that she has a completely open mind on the specific question of how the second amendment should be applied to the States. I take her at her word, and it is my hope that the Supreme Court will indeed find that the second amendment protects the rights of gun owners and users against intrusion by State laws.

When voting on judges, all we can do is look at the nominee's record and accomplishments, analyze his or her intellect and character, and decide whether he or she is qualified to serve on the bench. I have consistently followed that approach in the past, most recently in voting to confirm Chief Justice Roberts and Justice Alito. Using the same standards I applied to those nominations, I believe Sonia Sotomayor is eminently qualified for a place on the Supreme Court, and I am proud to support her nomination.

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