Senate confirms first Hispanic to Supreme Court (2nd Roundup)

By Mike McCarthy Aug 6, 2009, 20:16 GMT

Washington - The US Senate voted Thursday to confirm Sonia Sotomayor to the Supreme Court, making her the first Hispanic to serve on the country's highest bench.

The Senate voted 68-31 to approve President Barack Obama's controversial pick. Sotomayor faced fierce opposition from Republicans who argued she was a leftist incapable of keeping her personal views separate from court decisions.

A handful of Republicans joined the majority Democrats in voting for Sotomayor, handing Obama a key victory early in his administration and an opportunity to leave his stamp on the Supreme Court that will long outlast his time in office.

'This is a wonderful day for Judge Sotomayor and her family, but I also think it's a wonderful day for our country,' Obama said moments after the vote, adding that she will make an 'outstanding Supreme Court justice.'

Sotomayor, a 55-year-old New York appeals court judge and daughter of Puerto Rican immigrants, said in a speech in 2001 that she was hopeful a 'wise Latina' would make better decisions than a white man. The remark was a major focus of four days of gruelling Senate testimony in July. Republicans voiced concerns Sotomayor would step outside the law to advocate on behalf of minorities.

'The judicial branch is required to maintain impartiality,' Iowa Republican Senator Chuck Grassley said before the vote. 'This country was founded on the principle that justice is the same for everyone.'

Senator George Voinovich, a Republican from Ohio, expressed reservations about Sotomayor but said he would support the nominee because she was qualified for the lifetime appointment.

'Judge Sotomayor has made statements that give me pause,' Voinovich said before adding: 'On balance, I believe she is fit to serve on our nation's high court.'

During the testimony, Sotomayor expressed regret for the comment while maintaining the remarks were largely misunderstood. She was also credited for her deft handling of the hearings while avoiding taking stands on thorny political issues like abortion, gun control and affirmative action.

'I regret that I have offended some people,' she said at the hearings. 'I believe that my life demonstrates that that was not my intent to leave the impression that some have taken from my words.'

Sotomayor insisted she will be an impartial justice who shows 'fidelity to the law.' Obama has stood by his choice, defending her as a moderate with a long list of qualifications who will keep balance on the nine-member Supreme Court.

Sotomayor is not expected to shift the high court's ideological balance. She is widely considered a moderate, left-leaning judge and is replacing Justice David Souter, who has similar views.

Sotomayor's nomination exposed deep divisions over the role of race in US law and society. In speeches during her career, she has been unapologetic about the importance that her background and ethnicity play in decision making, arguing judges should have no illusions over how they are influenced by their past.

'My personal and professional experiences help me listen and understand, with the law always commanding the result in every case,' she told the committee.

Obama, the first African-American president, has also said he values judges that show 'empathy' with the people and cases before them. Conservatives criticized both comments as a sign that Sotomayor cannot be impartial and would favour minority groups.

The Senate's vote was one of its last actions ahead of summer recess. The Senate Judiciary Committee voted last week 13-6 to approve the nomination.