Update: As Sotomayor's Confirmation Hearings Begin, Graham Says Judge "Will Be Confirmed"

July 13, 2009 11:46 a.m. EST

Washington, D.C. (AHN) - Commencing confirmation hearings for the Obama administration's first Supreme Court nominee, Sen. Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, on Monday warned critics not to "demean" Appeals Court judge Sonia Sotomayor. Sen Jeff Sessions (R-AL), the panel's top Republican, reiterated concerns about her statements on race, which conservatives claim prove she is a judicial activist.

Leahy in his opening statement cited the confirmation process of Thurgood Marshall, the first black Supreme Court justice. The Democratic leader said Marshall was asked a barrage of "embarrassing" questions, including, "Are you prejudiced against the white people of the south?"

Sessions repeated previous statements that the GOP will do its best to hold a respectful hearing, but also emphasized concerns about Sotomayor's statements about a "wise Latina," as well as her rulings that have been overturned by the Supreme Court.

Sen. Orrin Hatch (R-UT), a member and former chairman of the Judiciary committee, praised Sotomayor's life as "compelling," but also seemed to suggest that Republicans now had the prerogative to vote against Sotomayor since President Barack Obama had, as senator, voted against conservative court nominees. Last month, Sen. Lindsey Graham (R-SC), a member of the panel, had cited the standard used by Obama as a lawmaker to vote against the confirmations of Supreme Court Chief Justice John Roberts and Justice Samuel Alito. The argument has since then been dubbed the "Obama standard."

The arguments presented during the opening hours of the hearing, which went smoothly until a protester screamed while Sen. Dianne Feisntein (D-CA) was speaking, are in accordance with expectations among pundits, who say some Republican senators may be swayed to vote for Sotomoyor despite the seeming toughness of the opposition.

Graham on Monday expressed concerns about Sotomayor's appointment, but also said, "Unless you have a complete meltdown, you're gonna get confirmed."

Democratic witnesses during the hearing include Sens. Chuck Schumer (D-NY), Kirsten Gillibrand (D-NY), New York City Mayor Michael Bloomberg.

Also testifying for Sotomayor are Columbia Law School professor Theodore Shaw, former FBI director Louis Freeh and former Major League Baseball pitcher David Cone.

Republicans have as witnesses former Human Rights Commissioner Peter Kirsanow, former National Rifle Association of America president Sandy Froman, and Frank Ricci, director of Fire Services of the Connecticut Council on Occupational Safety and Health, and the plaintiff in the controversial New Haven firefighter case Sotomayor had ruled on.

The Supreme Court in a split 5-4 decision last month reversed Sotomayor's ruling in favor New Haven who canceled promotions in 2003 because not enough blacks had passed qualifying examinations. City officials were worried about being sued by African-Americans for workplace discrimination, but as it turned out they were sued by white firefighters.

Conservatives have cited Sotomayor's sometimes fiery temperament and a 2001 speech at the University of California, Berkeley to oppose her nomination. According to them, her speech saying, "I would hope that a wise Latina woman with the richness of her experiences would more often that not reach a better conclusion than a white male who hasn't lived that life, is evidence that she is an activist judge.

A TV ad from the Judicial Confirmation Network also shows footage of her saying, "The court of appeals is where policy is made."

Sessions has also been blasting the White House for not providing documents related to Sotomayor's membership with the Puerto Rican Legal Defense and Education Fund.

Sotomayor was a member of the group, which conservatives have called "radical," for 12 years beginning 1980. She was chairperson of the group's Litigation Committee, a member of the board of directors, and part of the Ad Hoc Committee on Reorganization and Long-Range Planning.

The 54-year-old Sotomayor, a Princeton and Yale Law School graduate, needs Senate confirmation before she can sit as the first Hispanic and third woman justice when the Supreme Court begins its new term on Oct. 5.

Democrats set her hearings to begin on July 13 so that the Senate can confirm her by August 6, before Congress takes a month-long recess.