During her confirmation hearing, Judge Sonia Sotomayor will be asked about all the hot-button issues: her views on abortion, the death penalty, the Second Amendment, affirmative action and probably same-sex marriage. If the past is any guide, the issue of meaningful access to the courts for those who are too poor to afford counsel will not be mentioned.
For most justices, the question never comes up when questioned by senators. During the confirmation hearing of Chief Justice John Roberts Jr., it was mentioned only once. In response to a question, he urged private lawyers to do more pro bono. Nothing was said about the obligation of the courts or government to ensure access to all.
