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Sonia Sotomayor's nomination should be approved

OUR OPINION: Judge Sotomayor merits bipartisan approval for high court

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Thanks to Sen. Lindsey Graham of South Carolina, Judge Sonia Sotomayor's nomination to the Supreme Court is likely to be approved by the Senate Judiciary Committee on Tuesday with a measure of bipartisan support.

But not much. Sen. Graham is the only Republican on the committee -- there are seven -- who has said he will vote Yes.

Meanwhile, Republican Sens. Orrin Hatch of Utah, Jon Kyl of Arizona, John Cornyn of Texas, Chuck Grassley of Iowa and Jeff Sessions of Alabama have all said they will vote against her in committee. At this writing, GOP Sen. Tom Coburn of Oklahoma has not been heard from, but he was among the most critical senators during the hearings.

This is disappointing because even Sen. Sessions, her chief inquisitor, conceded after two days of intensive questioning that Judge Sotomayor ``handled herself very well'' during the hearings. She kept her composure and displayed an even temperament throughout the process, exhibiting broad knowledge of complex legal issues.

She also wisely refused to be drawn into discussions about how she might rule under hypothetical circumstances on politically sensitive issues -- at one point deftly parrying Sen. Coburn's questions about how she might rule on gun control.

In the absence of clear and convincing evidence that a candidate for the high court lacks the proper credentials and temperament for the job, high court nominees deserve Senate approval.

Yet it would be naive to say that this outcome is surprising, and for that the Democrats share much of the blame.

Back in the '90s, 41 of 44 Senate Republicans voted to confirm Justice Ruth Bader Ginsburg, and 33 of 42 later voted to confirm Justice Stephen Breyer. Both were named by President Bill Clinton.

Later, however, Democrats were far less willing to set aside partisan concerns for President George W. Bush's nominees. Half the Senate's 44 Democrats voted against confirming Chief Justice John Roberts in 2005, and 40 of 44 voted against Justice Samuel Alito.

Then-Sen. Barack Obama justified his vote against Mr. Alito by saying that showing intellectual capability and good personal character were not enough. He said senators should consider a judge's ``philosophy, ideology and record,'' and blithely dismissed the notion that a president, having won the election, deserves wide latitude in judicial nominations.

Compare that to Sen. Graham's comment that one reason he intended to vote for Judge Sotomayor is because ``elections matter.'' The lesson for Democrats is obvious. What goes around, comes around.

Judge Sotomayor seems certain to win full confirmation with at least a few GOP votes in the Senate. She will make history as the first Hispanic on the court. Her victory should be a lesson for the GOP, too.

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