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Obama: Comfort in Sotomayor's 'judging'
by Mark Silva
As advocates of abortion rights attempt to fathom whether Judge Sonia Sotomayor is with them or against them, the White House says President Barack Obama, who supports abortion rights, is "comfortable with her approach to judging.''
The president was careful not to ask his first nominee for the Supreme Court about how she might approach specific cases, White House Press Secretary Robert Gibbs said today of a one-hour interview that the president held last week with Sotomayor (pictured here in a court photo), a member of the U.S. Second Circuit Court of Appeals in New York.
But did Obama speak with Sotomayor about the broader question of the constitutional right to privacy?
"Obviously we talked about this throughout the process,'' Gibbs said of the selection of the president's first nominee to the high court. "The president obviously is familiar with the Constitution and the teaching of constitutional law.
"In their discussions, they talked about the theory of constitutional interpretation generally, including her views on unenumerated rights in the Constitution and the theory of settled law,'' Gibbs said. "He left very comfortable with her interpretation of the Constitution being similar to that of his, though the bulk of the conversation was about her approach to judging.''
Are "unenumerated rights'' code for privacy, since it's not enumerated in the Cosntitution, the spokesman was asked.
"I think there was... a general discussion about constitutional interpretation, about how one viewed the document. And the president left very comfortable with the fact that that -- she shares a similar interpretation that he does,'' he said. "I think he feels comfortable with -- comfortable that she shares his philosophy generally on the Constitution.''
Asked if the nominee should be asked about these issues at her confirmation hearings in Senate, the White House spokesman suggested that the president, for his part, was careful to avoid that, as predecessors have.
"I think that the president was careful not to, as previous presidents have been careful not to ask, and I think others have been at hearings careful not to ask specifically how one might rule when a case comes -- in a case that could come before the Supreme Court,'' Gibbs said. "So again, I think the president felt comfortable with, generally, with her view and, again, with her approach to judging.''
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