Obama picks Hispanic for Supreme Court

Published: 2:21AM Wednesday May 27, 2009 Source: Reuters

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President Barack Obama nominated Sonia Sotomayor to the US Supreme Court, selecting a woman who would be the court's first Hispanic justice and a liberal who is unlikely to change its ideological balance.
   
Sotomayor, 54, is a US appeals court judge who grew up in a public housing project in New York City and is the daughter of Puerto Rican immigrants.

She would replace retiring Justice David Souter, who was part of the court's liberal wing.
   
The nine justices, who decide controversial cases on abortion and the death penalty, have been closely divided on many contentious issues, often splitting between a five-member conservative majority and four dissenting liberal justices.
   
Conservatives quickly moved to criticize Obama's choice, but political analysts said that - barring unexpected scandal - it was unlikely the nomination would be derailed.

Supreme Court justices serve for life but their nomination must be approved by the US Senate, where Obama's fellow Democrats have a solid majority.
   
Obama, who had spoken of empathy as a criteria for the job, called Sotomayor an inspiring woman as he announced his pick at the White House.

He recounted Sotomayor's humble beginnings, saying she had lived out the American dream.
   
Sotomayor is most widely known for her decision as a trial judge in 1995 to bar Major League Baseball owners from using replacement players, ending a strike in one of America's favourite sports.
   
"Some say that Judge Sotomayor saved baseball," Obama said.
   
While liberal groups welcomed the nomination, conservatives and business groups reacted cautiously.

The Chamber of Commerce said it was important to focus on how her views would affect economic growth and businesses, and Senate Republican Leader Mitch McConnell promised to thoroughly examine her record.
  
Patrick Leahy, the Democratic chair of the Senate Judiciary Committee, said he was committed to ensuring Sotomayor was seated before the Court's term begins in October.
   
Real world consequences
   
As a judge on the 2nd US Circuit Court of Appeals in New York, Sotomayor has often sided with plaintiffs in cases involving race, sex, age and disability discrimination and has ruled against businesses in cases on environmental law and securities litigation.

The two business rulings were later reversed by the Supreme Court.
   
"I strive never to forget the real world consequences of my decisions on individuals, business and government," Sotomayor told the White House gathering.
   
Sotomayor would be the third woman to serve on the court and would join the only other woman currently on the panel, Ruth Bader Ginsburg.
   
Hoping to show a consultative approach, Obama spoke with every member of the Senate Judiciary committee - both Democrats and Republicans - before he made a decision.
   
Sotomayor was part of a short list of candidates that also included US appeals court judge Diane Wood, Homeland Security Secretary Janet Napolitano and Solicitor General Elena Kagan, US officials said.
   
Obama interviewed each of the four for an hour at the White House last week.

Sotomayor spent a total of seven hours last Thursday at the White House, including the one-hour interview with Obama, which was the first time the two had met.
   
Fight looms

   
Obama urged lawmakers to swiftly confirm Sotomayor's nomination.

But analysts noted that Obama, a former senator, voted against Republican President George Bush's two Supreme Court nominees, John Roberts and Samuel Alito, and said his choice was certain to provoke a fight.
   
"He selected somebody who virtually guarantees a confirmation fight. This would be the person the Republicans likely would have selected for the political potential," said George Washington University law professor Jonathan Turley.
   
He cited her controversial remark, in a speech at Duke University in 2005, that the appellate court was a place where policy is made, and her appeals court's ruling in a case involving fire-fighters in New Haven, Connecticut.
   
Nineteen New Haven fire-fighters sued their department arguing they were refused promotion because they were white after the city threw out the results of a promotion exam because it yielded too many white applicants and no black candidates.
   
The court upheld the city's decision, and the case is now before the Supreme Court, which appeared divided over the issue during arguments last month.

Sotomayor's role in the case is not known, but it is likely to provide fuel to conservatives opposed to affirmative action, or policies aimed at favouring minorities in order to redress past discrimination.
   
While some Republicans indicated they planned a fight over the nomination, there was little chance they could upset it.
   
Democrats control 59 seats in the 100-member Senate, and Republicans are unlikely to be able to get near-unanimous party support to muster 40 votes needed to block Sotomayor's nomination with procedural tactics.
   
Sotomayor has been a Court of Appeals judge in New York since 1998.

Before that she served as a US District Court judge for the Southern District of New York.
   
Her mother, a nurse, had to support her and her brother after Sotomayor's father died when she was nine.

Sotomayor, who is divorced, graduated from Princeton University and Yale Law School and began her law career in 1979 as an assistant district attorney in New York County.

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