A Friend Stopped By | 07/30/2009 3:00 pm
Almost a Done Deal: A Wrap-up of Sonia Sotomayor's Confirmation Hearings, by Megyn Kelly

Image courtesy Fox News
Editor’s Note: Megyn Kelly is co-host of Fox News Channel’s daytime news program "America’s Newsroom." Megyn earned her Bachelor of Arts degree in Political Science from Syracuse University and a J.D. from Albany Law School, where she also served as editor of the Albany Law Review. Megyn’s many live coverage credits include the Duke University lacrosse hearings, the Virginia Tech campus massacre, the DNC in Denver and RNC in St Paul in 2008 and the rescue of the Utah miners. Most recently she co-anchored the coverage of the confirmation hearings for U.S. Supreme Court nominee Judge Sonia Sotomayor. Here, she shares her experience at the confirmation hearings with wowOwow.
"I don’t use the word ‘super,’ Senator."
That’s how Sonia Sotomayor responded at her confirmation hearings when Sen. Arlen Specter asked her if Roe v. Wade is a "super-duper precedent." The response was wonderfully snarky. Whether she likes the term or not (and I’m with her on "not"), even Sotomayor would have to admit she seems headed for a super outcome here – her confirmation is basically a done deal.
As a female attorney myself, I have to say – it’s about time. I mean, seriously: Out of 111 Supreme Court justices in history, she will be the THIRD woman ever? I know, I know, we got off to a slow start – former Supreme Court Justice Sandra Day O’Connor graduated third in her class from Stanford Law in the ’50s and couldn’t even get a job practicing – all the offers were for secretarial positions – but what’s our excuse for the past few decades? Law schools have almost as many women as men these days, yet you’d never know that looking at the current court and its ONE female justice. So whether or not I agree with Sotomayor’s approach to judging, I celebrate the ascendency of another female jurist. It’s good for little girls and for women, not to mention Hispanics.
Bret Baier and I co-hosted Fox’s coverage of the hearings, which we kicked off with a documentary the night before. My role involved going to Cardinal Spellman High School in the Bronx, where Sotomayor’s former schoolmates remember her as a mentor and a star. I wish I could have talked to her mother and asked her how a widow, living in the projects, working and putting herself through school simultaneously managed to raise such a confident, driven young woman. The expectant mother in me wants to know.
The hearings themselves were a yawn to many but the law geek in me loved them. The Constitution – incarnate! The three branches of government coming together: the President, nominating; the Senate, advising and (probably) consenting; the nominee, poised to sit atop the American judiciary! And then came the lifeless cross-examinations from senators who knew there was virtually no chance of stopping this woman’s confirmation.
Sen. Jeff Sessions was memorable – good cross on the "wise Latina" comment and the Ricci discrimination case. Who else do I remember other than that? Um … hold on … give me a minute.
Still, there was fruit to be harvested in this process, which really highlights what divides us on law and order. Should judges decide cases with "empathy?" Do we accept Roe and its progeny as "settled law?" What about foreign law – is it OK if our courts look to France in interpreting the U.S. Constitution? Wait, this is intellectually stimulating – how often do I get this on TV?
When all was said and done, there was very little drama. Chuck Schumer cried. Patrick Leahy cut off fellow Democrat Kirsten Gillibrand because she went a little over when introducing Sotomayor. She asked if she could quickly conclude and the man reacted like she asked him for money. Awkward! Awkward! Protesters shouted out an anti-abortion message – hey! Wake up the panel!
For me, the funniest moments were behind the scenes. Chris Wallace was part of our coverage. Let me tell you something about Wallace: in addition to being the best cross-examiner on television, the man loves his dog. He spent most of the first day worried about the pup, who needed a walk at home. At one point, he went to his office and grabbed a picture of lil’ Winston. It was framed, 5x7. Glossy. Winston, with a stuffed hamburger. We oohed and ahhed … only to look back at Wallace a half hour later and see him still holding the picture, staring, longingly, at it. When caught he simply asked, "Did you see the little hamburger?"
"I don’t use the word ‘super,’ Senator."
That’s how Sonia Sotomayor responded at her confirmation hearings when Sen. Arlen Specter asked her if Roe v. Wade is a "super-duper precedent." The response was wonderfully snarky. Whether she likes the term or not (and I’m with her on "not"), even Sotomayor would have to admit she seems headed for a super outcome here – her confirmation is basically a done deal.
As a female attorney myself, I have to say – it’s about time. I mean, seriously: Out of 111 Supreme Court justices in history, she will be the THIRD woman ever? I know, I know, we got off to a slow start – former Supreme Court Justice Sandra Day O’Connor graduated third in her class from Stanford Law in the ’50s and couldn’t even get a job practicing – all the offers were for secretarial positions – but what’s our excuse for the past few decades? Law schools have almost as many women as men these days, yet you’d never know that looking at the current court and its ONE female justice. So whether or not I agree with Sotomayor’s approach to judging, I celebrate the ascendency of another female jurist. It’s good for little girls and for women, not to mention Hispanics.
Bret Baier and I co-hosted Fox’s coverage of the hearings, which we kicked off with a documentary the night before. My role involved going to Cardinal Spellman High School in the Bronx, where Sotomayor’s former schoolmates remember her as a mentor and a star. I wish I could have talked to her mother and asked her how a widow, living in the projects, working and putting herself through school simultaneously managed to raise such a confident, driven young woman. The expectant mother in me wants to know.
The hearings themselves were a yawn to many but the law geek in me loved them. The Constitution – incarnate! The three branches of government coming together: the President, nominating; the Senate, advising and (probably) consenting; the nominee, poised to sit atop the American judiciary! And then came the lifeless cross-examinations from senators who knew there was virtually no chance of stopping this woman’s confirmation.
Sen. Jeff Sessions was memorable – good cross on the "wise Latina" comment and the Ricci discrimination case. Who else do I remember other than that? Um … hold on … give me a minute.
Still, there was fruit to be harvested in this process, which really highlights what divides us on law and order. Should judges decide cases with "empathy?" Do we accept Roe and its progeny as "settled law?" What about foreign law – is it OK if our courts look to France in interpreting the U.S. Constitution? Wait, this is intellectually stimulating – how often do I get this on TV?
When all was said and done, there was very little drama. Chuck Schumer cried. Patrick Leahy cut off fellow Democrat Kirsten Gillibrand because she went a little over when introducing Sotomayor. She asked if she could quickly conclude and the man reacted like she asked him for money. Awkward! Awkward! Protesters shouted out an anti-abortion message – hey! Wake up the panel!
For me, the funniest moments were behind the scenes. Chris Wallace was part of our coverage. Let me tell you something about Wallace: in addition to being the best cross-examiner on television, the man loves his dog. He spent most of the first day worried about the pup, who needed a walk at home. At one point, he went to his office and grabbed a picture of lil’ Winston. It was framed, 5x7. Glossy. Winston, with a stuffed hamburger. We oohed and ahhed … only to look back at Wallace a half hour later and see him still holding the picture, staring, longingly, at it. When caught he simply asked, "Did you see the little hamburger?"
Read more about: A Friend Stopped By, Arlen Specter, Bret Baier, Chris Wallace, Chuck Schumer, Fox News, Jeff Sessions, Kirsten Gillibrand, Law, Megyn Kelly, News, Patrick Leahy, Politics, Roe v. Wade, Sandra Day O'Connor, Sonia Sotomayor, Steve Hayes, Supreme Court, women























19 Reader Comments (so far…) Sign In or Register to comment
Great article Megyn…hope to see more of you here. Btw…keep giving BOR a challenge…tell him no spin doesnt mean no discussion.
Megyn - thanks for keeping all this on a human level…..with Chris Wallace worried about his dog. The bottom line here is whether one is in front of the cameras or behind the cameras or not in the same room with the cameras, we all have are concerns, loves and interests and that is what makes us such interesting human beings.
RE: Sotomayor - I am fascinated that "one statement made at one gathering" was the only "sticky" issue of the hearings and nothing major was discovered beyond that statement —-except, of course, for the addition of the politics of the events. Let’s celebrate another woman breaking through the "glass ceiling" and hopefully this is the last time we will have to use the words "glass ceiling". Maybe it will be the norm from now on to have a woman on the Supreme Court and other bastions of power.
As Jeffrey Toobin said in his piece about Sotomayer in the New Yorker, Justices have a great deal of discretion––in which cases they take, in the results they reach, in the opinion they write. When it comes to interpreting the Constitution––in deciding, say, whether a university admissions office may consider an applicant’s race––there is, frankly no such thing as "law." In such instances, Justices make choices, based largely, though not exclusively, on their political views of the issues involved. In reaching decisions this way, the Justices are not doing anything wrong; there is no other way to interpret the majestic vagueness of the Constitution. But the fact that Sotomayer managed to avoid discussing any of this throughout four days of testimony is indicative of the way the confirmation process, as it is now designed, misleads the public about what it is that Justices do.
So––I would have to say that Sotomayer’s wise Latina woman phrase , when you clear away all the jabber wocky snicker snack, stands as a harbinger of good things to come–––and Sessions be damned! Perhaps we can send him some of Ms Kelly’s mistaken ham juiced up with a little more pork.
Brave, Phyllis Doyle Pepe. What seems curious to me is that if life experience, background, education and personal bias do not enter into the judicial process at the highest court, how is it that we predict, most times accurately, how individual justices will vote on any given issue…excepting presidential elections? And probably presidential elections, too..if one accepts the premise that the decision was the courts to make, which I do not.
What we now have in Texas is a Republican Senator who is voting against Sotomayor’s confirmation, who is resigning midway in her current term in Washington to come home to a population, at least 50% Hispanic, to run for governor. Kay Bailey Hutchison just lost the election.
Peace and grace
I love Megyn! Your appearances on Fox News are meaningful, informative, educational, beneficial, humorous, motivational, patriotic, reasonable, sincere, wise, and entertaining when necessary. In other words, you are indeed an attribute to Fox News.
Best of Luck to you on the birth of your child. I am so happy for you. How do you stay so beautiful and energetic?
Jeff Sessions - was memorable - not in a positive way. I hate to see Juan Williams use the "NPR Analyst " title on Fox News. I no longer donate to NPR.
I am in total agreement with Megyn’s remarks about Juan Williams. I watch Fox almost exclusively and appreciate the way he agrees and disagrees with whatever subject is up for discussion. Unlike most "left" commentators, he doesn’t insult, call names, and kindly calls it like he sees it without anger. He is a wise American and I trust him even though we may not always be in agreement.
Fox News is lucky to have Megyn. Have any of you ever noticed how unbelievably beautiful all of the Fox women are? Is being beautiful a prerequisite for employment?
Laura, No, being beautiful is not a prerequisite for employment, but, of course, BRAINS is. They all seem to have a JD, so beauty and brains—-a winning combination. You Go, Beautiful Smart Girls on Fox News!!!!!Leave the rest of them in the dust.
Queenie….hello there!!!
I look forward to Megyn, I just love her on Fox. You are such a beautiful woman Megyn and now that your are with child, you are more gorgeous. I really enjoy you on Bill O when you do your law table talk. You really are good. I even enjoyed the night you co-hosted. FOX NEWS is the best and has the most intelligent staff starting from sun up to sun down…..I can see why you are number one every week. Juan Williams was great on his opinion on obama and the gate’s fiasco….he at least said obama was wrong along with gates…I wish they would have listened to Juan. Keep up the good work and so glad you wrote an article on wOw…I hope to see you much more. Wondering when you are due?
"Viewers of America’s Newsroom can now watch anchor Megyn Kelly’s belly grow! Megyn announced that she is pregnant and due October 6th. This will be her first child with her husband Douglas Brunt. Her maternity leave hasn’t been announced yet, so continue to watch this future mother on the …
rumors have it that Greta has now renewed her contract and that Kelly may have her own show when she returns after the baby….all rumors at this point but who knows!