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Sen. Crapo still not sure if he will vote to confirm Sotomayor as Supreme Court justice

The Idaho Republican senator has a face-to-face meeting with the high court nominee.

BY ERIKA BOLSTAD - ebolstad@idahostatesman.com

Published: 06/17/09


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WASHINGTON - Their meeting was brief, but Sen. Mike Crapo, R-Idaho, said that he and President Barack Obama's first Supreme Court nominee, federal judge Sonia Sotomayor, covered a lot of ground.

Crapo, who sat down with Sotomayor on Tuesday, said he spoke to her about her philosophy on judicial activism, Second Amendment issues and questions of states' rights.

Sotomayor, who sits on the U.S. Court of Appeals for the Second Circuit, offered careful, measured answers, Crapo said. She demurred when asked about cases that remain pending - or that she might have to consider if she is confirmed to the Supreme Court. That included some aspects of what's known as the Heller case, a Supreme Court decision that struck down the District of Columbia's gun ban last year.

"With regard to the role of judges, she discussed her understanding and belief that judges should not make law but interpret it, and a strong belief in the separation of powers in the Constitution," Crapo said. "I felt she gave a very strong commitment to following the letter of the law."

He also liked her answer on states' rights, Crapo said.

But Crapo said he still hasn't determined how he will vote if she is approved by the Senate Judiciary Committee and her nomination comes to a full vote of the Senate.

"I'm going to withhold a final decision until the process is completed," he said. "I owe it to her and my constituents and the country to make sure I allow the Judiciary Committee to continue its vetting process and proceed to a conclusion."

Sotomayor, who would be the first Hispanic judge on the high court, has been meeting with a series of senators in advance of her confirmation hearings. The Senate Judiciary Committee hearings are set to begin July 13.

Republicans have questioned the timetable, and several have also objected to a recurring line Sotomayor has used in speeches, where she has said a "wise Latina" might reach better legal decision than others from less diverse upbringings. Republicans have backed away from that criticism, however, since former House Speaker Newt Gingrich and others accused Sotomayor of racism. Gingrich retracted his comment.

Sen. Jim Risch, R-Idaho, has plans to meet with Sotomayor, too, in the coming weeks. Like Crapo, he is not on the Judiciary Committee.

Erika Bolstad: (202) 383-6104

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