DATE \@ "MMMM d, yyyy" August 14, 2009
XXXXXX XXXXXXXX
Lebanon, Tennessee 37087
Dear Frank,
Thanks for getting in touch with me and letting me know what's on your mind regarding the nomination of Judge Sonia Sotomayor to serve as Associate Justice of the U.S. Supreme Court.
On August 6, 2009, the Senate confirmed Judge Sotomayor by a vote of 68 to 31. Even though Judge Sotomayor's political and judicial philosophy may be different than mine, especially regarding Second Amendment rights, I voted to confirm her because she is well qualified by experience, temperament, character and intellect to serve on the Supreme Court.
In 2005, I said on the Senate floor that it was wrong for then-Senator Obama and half the senators on his side of the aisle to vote against John Roberts - a superbly qualified nominee - solely because they disagreed with what Senator Obama described as Roberts' "overarching political philosophy" and "his work in the White House and the Solicitor General's office" that "consistently sided" with "the strong in opposition to the weak." Four years later, it would have been equally wrong for me to vote against Judge Sotomayor solely because she is not "on my side" on some issues.
Courts were never intended to be political bodies composed of judges "on your side" who would reliably tilt your way in controversial cases. Courts are supposed to do just the opposite: decide difficult cases with impartiality. The oath Judge Sotomayor has taken three times says it best: ". I will administer justice without respect to persons, and do equal right to the poor and to the rich, and . I will faithfully and impartially discharge and perform all the duties incumbent upon me . under the Constitution and laws of the United States."
During her confirmation hearings, Judge Sotomayor expressly rejected then-Senator Obama's view that in a certain percentage of judicial decisions "the critical ingredient is supplied by what is in a judge's heart . and [in] the depth and breadth of one's empathy." In answer to a question from Senator Jon Kyl, she said, "I can only explain what I think judges should do, which is judges can't rely on what's in their heart. They don't determine the law. Congress makes the laws. The job of a judge is to apply the law. And so it's not the heart that compels conclusions in cases. It's the law. The judge applies the law to the facts before that judge."
Giving broad Senate approval to well-qualified nominees helps to increase the prestige of the Supreme Court and confirm its impartiality. For that reason, until the last few years senators on both sides of the aisle, after rigorous inquiries into the fitness of nominees, have given those well-qualified nominees an overwhelming vote of approval. For example, no justice on the Supreme Court that Chief Justice John Roberts joined in 2005 had received more than nine negative votes. Four were confirmed unanimously. All but three senators voted for Justice Ginsburg, a former General Counsel for the American Civil Liberties Union. Every single senator voted for Justice Scalia. In truly extraordinary cases, senators, of course, reserve the prerogative - as I do - to vote "no" or even to vote to deny an up-or-down vote.
During the eight years I was governor of Tennessee, I appointed about 50 judges. In doing so, I looked for the same qualities that Judge Sotomayor has demonstrated: intelligence, good character, restraint, respect for law and respect for those who came before the court. I did not ask one applicant how he or she would rule on abortion or immigration or taxation. I appointed the first female circuit judge in our state, the first African American court chancellor and the first African American Supreme Court Justice. I appointed both Democrats and Republicans. That process served our state well and helped to build respect for the independence and fairness of our judiciary. In the same way, it is my hope that my vote to confirm Judge Sotomayor will help to return the Senate to the practice only recently lost of inquiring diligently into qualifications of a nominee and then accepting that elections have consequences, one of which is to confer upon the president the constitutional right to nominate justices of the Supreme Court of the United States.
Even in cases where we may disagree on issues, I do weigh carefully the opinions of Tennesseans on both sides of an issue before casting a vote in the Senate. Your comments help me to know where the people of Tennessee stand, and they are very helpful to me in making decisions. I appreciate hearing your thoughts on Judge Sotomayor's nomination, and I hope that you will continue to get in touch with me and let me know what's on your mind regarding the important issues facing our nation.
Sincerely,
Lamar