The Senate and Sotomayor

As the Senate Judiciary Committee begins confirmation hearings for Supreme Court nominee Sonia Sotomayor, we have a pretty clear idea of what we hope to see from the proceedings — and what we don't.

We already know that Sotomayor has top-flight academic credentials and the legal chops to earn a "well qualified" rating from the American Bar Association. We expect that she'll bring a fresh perspective if confirmed, representing one of only two women on the Supreme Court and the first Latina. And we assume that she'll be unpredictable, since she's been known to take both liberal and conservative positions depending on the law and the facts of a case.

But we hope to learn more about Sotomayor's judicial philosophy, and how she goes about arriving at decisions. We look forward to hearing her explain the legal reasoning behind some of her more controversial rulings, including her decision to side with the city of New Haven, Conn., against a group of mostly white firefighters in Ricci v. DeStefano, which the Supreme Court recently overturned. We'd like to see how she responds to critics who charge that she dabbles in judicial activism, making laws instead of interpreting them. And we'd like some reassurance that she would strictly interpret the Constitution and not make policy — as she once said, in videotaped remarks during a panel discussion, was the role of the appellate courts.

We also hope to see the senators on the committee hold up their end by acting with professionalism, courtesy and common sense.

The country is waiting to hear from Sotomayor, not Sen. So-and-so. During the confirmation hearings for Chief Justice John Roberts and Justice Samuel Alito, it was painful to watch senators of both parties ramble on endlessly about their own legal philosophy and never get around to asking the nominee about his views. We hope for interplay this time around.

We can also do without the kind of racially tinged questions that have been floating through conservative circles. Sotomayor was called a reverse racist for suggesting that a "wise Latina" might see the world differently from white male colleagues. Just last week, Senate Minority Leader Mitch McConnell accused Sotomayor of having a "racial bias."

Sonia Sotomayor has arithmetic on her side. She needs the votes of 51 senators, and observers predict that she'll wind up with the support of 65 or 70 by the time of the final vote of the full Senate. The GOP probably can't derail this nominee, but it can further damage itself and the party brand if the criticism from Republicans comes across to those watching at home as shrill or unfair.

The Constitution says that the role of the Senate in such matters is to "advise and consent." Not to obstruct, showboat or attack. Senators forget that at their peril.

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