Hard to Hear Sotomayor Hearings

After two days of the confirmation hearings on Sonia Sotomayor’s nomination to the U.S. Supreme Court, I’ve decided to wait until they’re over before commenting on what they tell us about the kind of justice she’s likely to be. As I’ve previously noted, she will avoid the most controversial subjects, explain that some of her speeches have been misinterpreted, refuse to do combat with skeptical senators, and say nothing as impressively as she can.

From a labor and employment standpoint, it’s more useful to review the labor and employment decisions she’s already made as a district court judge and an appellate judge. Moreover, in looking at Sotomayor’s possible impact on the labor and employment area so far, I’ve tried to only use her judicial opinions as a basis for any predictions on my part — and stay away from extraneous matters. As much as I hate to say it, the current hearings are remarkably extraneous.

For those interested, it’s better to watch the hearings and draw your own conclusions. I wouldn’t be able to add much to what you’re seeing and hearing. Plus, there are loads of pundits examining both her words and body language. I’ll wait until the hearings are finished to weigh back in. I don’t think I’ll have much to add to the analysis I’ve already done of her labor and employment judicial opinions, but if I think I’ve discerned something significant after listening to hearings that are about as scripted as they can be, I’ll let you know.

In the meantime, I’d certainly be interested in hearing from you on what you think the current hearings are telling us about her.