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Conservatives see silver lining in Sotomayor vote

Liberals cheered the first Hispanic justice, but conservatives say Sotomayor ultimately backed away from a liberal view of the Constitution.

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Rick Kopstein/ New York Law Journal/ AP
Supreme Court Justice designate Sonia Sotomayor receives congratulations at the federal courthouse in New York after being confirmed by the Senate as the nation's first Hispanic Supreme Court justice on Thursday.

Reaction to Thursday鈥檚 Senate confirmation of Sonia Sotomayor to a seat on the US Supreme Court was quick and varied.

Liberal advocacy groups celebrated what they hope is the beginning of an historic change at the nation鈥檚 highest court. Conservative groups, on the other hand, began preparing the way for a future battle over President Obama鈥檚 next high court nominee.

Liberals generally viewed the 68 to 31 Senate floor vote as an important milestone for Hispanics and women, while conservatives expressed concern that once Ms. Sotomayor takes her lifetime seat on the high court, her real views will become clear.

鈥淭his is a proud moment for the nation,鈥 said Debra Ness of the National Partnership for Women and Families. 鈥淪onia Sotomayor will be a superb Supreme Court justice and an inspirational figure for generations to come.鈥

Calling the confirmation 鈥渁n historic, groundbreaking event that marks the start of a new day for justice in America,鈥 Nan Aron, president of the liberal group Alliance for Justice, said Sotomayor鈥檚 influence on the court would be similar to that of Justice Thurgood Marshall, the first African-American justice.

鈥淗er confirmation is just the beginning of the significant change that President Obama can bring to our judicial system,鈥 she said.

In contrast, Americans United for Life (AUL) praised the 31 senators who voted against Sotomayor. 鈥淚t is a stunning vote of 鈥榥o confidence鈥 in a nominee whose background of abortion advocacy and record of judicial interventionism raises serious questions about her fitness for the high court,鈥 said AUL President Charmaine Yoest.

Donny Ferguson of the Libertarian Party called the confirmation 鈥渁 significant defeat for individual, property, and gun rights.鈥

鈥淟ibertarians hope President Obama will work harder in the future to appoint justices who uphold our constitutionally-protected rights, not someone else鈥檚 narrow political agenda,鈥 Mr. Ferguson said.

However, the conservative Judicial Confirmation Network said the Sotomayor confirmation offered many 鈥渟ilver linings.鈥

鈥淎lthough Judge Sotomayor was confirmed, it was not a resounding victory for the liberal view of the court: in fact, just the opposite,鈥 said Gary Marx and Wendy Long in a written statement. 鈥淏ecause she failed to uphold the liberal view of the Constitution and judging [during her Senate hearings], she has made it more difficult for future Obama nominees who would attempt to be more intellectually consistent and honest.鈥

Judge Sotomayor had made a number of controversial statements in writings and speeches about a judge鈥檚 role in bringing change. During close questioning in the Senate, she backed away from those statements and rejected President Obama鈥檚 goal of seeking judges with 鈥渆mpathy.鈥 Instead, Sotomayor said her judicial philosophy was fidelity to the law.

Mr. Marx and Ms. Long said the Sotomayor confirmation is a failure, not a victory, for Obama. They said the White House failed to put a 鈥減owerful and unabashed liberal lion, in the mold of Justice William Brennan,鈥 on the court.

鈥淭his has unnerved the liberal left and put President Obama in a box,鈥 they said. 鈥淛udicial restraint has won, and judicial activism has lost.鈥

But civil rights advocates welcomed her nomination. Sotomayor鈥檚 confirmation is important for continued progress on civil rights, said Jon Greenbaum, legal director at the Lawyers鈥 Committee for Civil Rights Under Law. 鈥淚t is critical that we have Supreme Court Justices like Judge Sotomayor, who know from personal experience what hangs in the balance in the struggle to protect constitutional rights and combat discrimination,鈥 he said.

Earthjustice President Trip Van Noppen said his environmental group was pleased by Sotomayor鈥檚 confirmation. 鈥淛udge Sotomayor鈥檚 record evinces no clear bias in favor or against environmental issues,鈥 Mr. Van Noppen said, 鈥渂ut instead reflects meticulous preparation, a balanced and thoughtful review, and a deep understanding of the law.鈥

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