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Law.com Home > AP Sources: Obama Picks Sotomayor for High Court

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AP Sources: Obama Picks Sotomayor for High Court

By Ben Feller All Articles 

The Associated Press

May 26, 2009

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2nd Circuit Judge Sonia Sotomayor

2nd Circuit Judge Sonia Sotomayor
image: Rick Kopstein/NYLJ

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President Barack Obama tapped federal appeals judge Sonia Sotomayor for the Supreme Court on Tuesday, officials said, making her the first Hispanic in history picked to wear the robes of a justice.

If confirmed by the Senate, Sotomayor, 54, would succeed retiring Justice David Souter. Two officials described Obama's decision on condition of anonymity because no formal announcement had been made.

Administration officials say Sotomayor would bring more judicial experience to the Supreme Court than any justice confirmed in the past 70 years.

A formal announcement was expected at midmorning.

Obama had said publicly he wanted a justice who combined intellect and empathy -- the ability to understand the troubles of everyday Americans.

Democrats hold a large majority in the Senate, and barring the unexpected, Sotomayor's confirmation should be assured.

If approved, she would join Justice Ruth Bader Ginsburg as the second woman on the current court.

Sotomayor is a self-described "Newyorkrican" who grew up in a Bronx housing project after her parents moved to New York from Puerto Rico. She has dealt with diabetes since age 8 and lost her father at age 9, growing up under the care of her mother in humble surroundings. As a girl, inspired by the Perry Mason television show, she knew she wanted to be a judge.

A graduate of Princeton University and Yale Law School, a former prosecutor and private attorney, Sotomayor became a federal judge for the Southern District of New York in 1992.

As a judge, she has a bipartisan pedigree. She was first appointed by a Republican, President George H.W. Bush, then named an appeals judge by President Bill Clinton in 1997.

At her Senate confirmation hearing more than a decade ago, she said, "I don't believe we should bend the Constitution under any circumstance. It says what it says. We should do honor to it."

In one of her most memorable rulings as federal district judge, Sotomayor essentially salvaged baseball in 1995, ruling with players over owners in a labor strike that had led to the cancellation of the World Series.

As an appellate judge, she sided with the city of New Haven, Conn., in a discrimination case brought by white firefighters after the city threw out results of a promotion exam because two few minorities scored high enough. Ironically, that case is now before the Supreme Court.

Obama's nomination is the first by a Democratic president in 15 years.

His announcement also leaves the Senate four months -- more than enough by traditional standards -- to complete confirmation proceedings before the Court begins its next term in the fall.

Republicans have issued conflicting signals about their intentions. While some have threatened filibusters if they deemed Obama's pick too liberal, others have said that is unlikely.

Given Sotomayor's selection, any decision to filibuster would presumably carry political risks -- Hispanics are the fastest-growing segment of the population and an increasingly important one politically.

Copyright 2009 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

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