Sessions Delays Kagan Decision

Sen. Jeff Sessions (R-Al.), the Senate Judiciary Committee’s ranking Republican, moved Tuesday to postpone the committee’s vote on Supreme Court Justice nominee Elena Kagan’s confirmation.

“I think we’re moving this nomination in a very expeditious manner,” Sessions said Tuesday. “I will ask that we put the nomination over for one week.”

Session’s call for more time invokes the authority any committee member has to delay a vote by one week. The Alabama Republican noted that he believed his request was a responsible one.

“I think for a Supreme Court nomination, in particular, that’s appropriate,” Sessions said.

The Judiciary Committee will meet next Tuesday. The panel, which is made up of 12 Democrats and 7 Republicans, will likely support advancing Kagan’s nomination on to full-Senate approval.

Revamping Employment Verification System Necessary, Says Schumer

By Sam Wechsler - Talk Radio News Service

The current system used to verify an employee's citizenship status is severely flawed and must be changed or replaced, said Sen. Charles Schumer (D-N.Y.) during a hearing before the Senate Subcommittee on Immigration, Refugees, and Border Security. Keeping illegal immigrants from finding work in the U.S. would drastically decrease their presence in the U.S., he said.

E-Verify, the system now in place, relies on a name, date of birth, and social security number in order to determine whether an employee is a legal citizen. An employer checks the information provided by an employee against a government database. As long as an illegal alien can retrieve a legal citizen’s information, either by stealing it or receiving it from a legal friend, he or she can game the system.

In addition, ten percent of all workers that E-Verify claims are illegal aliens are actually legal citizens, said Michael Aytes, Acting Director of U.S. Citizenship and Immigration Services.

Schumer called for a system that would be flawless. “The only way the American people will have faith that our comprehensive immigration reform bill will stop illegal workers from obtaining jobs is if we implement an employment verification system that is tough, fair, easy to use, and effective and which relies upon a non-forgeable biometric identifier,” he said.

Sen. Jeff Sessions (R-Ala.) pointed out that some unemployment issues could be solved by replacing employed illegal aliens with actual U.S. citizens. Rep. Luis Gutierrez (D-Ill.) was more concerned with the fact that oftentimes illegal aliens are grossly mistreated by corrupt employers.

Gutierrez said, “incorporating an effective employment verification system is our only hope for truly ending illegal immigration. We can do this, and we must do it this year. In the the end, this is not a question of whether or not we can craft an effective system; rather, it is a question of political will.”

Senate Begins Grilling Of Sonia Sotomayor

Republican senators today began their attacks on Judge Sonia Sotomayor, nominated to replace Justice David Souter on the U.S. Supreme Court. On the first day of hearings before the Senate Judiciary Committee, Democratic senators praised Sotomayor’s record, saying it demonstrated “judicial modesty,” while Republicans expressed skepticism.

Senator Jeff Sessions (R-Ala.), now the ranking Republican on the committee, called Sotomayor’s comments on use of experience and background in judicial decisions “shocking and offensive” and distributed a thick stack of her past speeches to the media. The speeches were marked up to highlight passages where Sotomayor spoke about the differences her background would produce in her decisions. Sessions criticized the use of any factors outside of the facts and law of a case in making rulings.

Senators Sessions and John Cornyn (R-Texas) both said they planned to ask Sotomayor about her views on a range of issues, including abortion, property rights, the right to bear arms, and capital punishment. Senator Tom Coburn (R-Okla.) as well said he was “deeply concerned by [Sotomayor]’s assertion that the law is uncertain.”

Speaking more generally, Senators Orrin Hatch (R-Utah), Chuck Grassley (R-Iowa) and Lindsey Graham (R-S.C.) criticized President Obama’s “empathy” standard used to select Sotomayor as his nominee. Graham went so far as to say that he would have to vote against Sotomayor under that standard, which he called “absurd” and “dangerous,” since it would encourage voting on the basis of agreement on issues and would therefore discourage potential nominees from expressing their opinions. He did, however, worry about Sotomayor’s speeches made while she has been a sitting judge, since those might cast doubt on her objectivity when deciding cases. Graham did recognize that “unless [Sotomayor has] a complete meltdown,” she would be confirmed, bringing laughter from audience.

Democrats generally supported the nominee by describing her record as centrist and reserved, and repeating her personal story of being raised by a poor, single mother and working to raise herself up to a federal judgeship. By the time it was Sotomayor’s chance to speak, the audience had heard the story several times.

A couple of Democrats took the opportunity to criticize the previous administration. Senator Specter (D-Pa.), a recent defector from the Republican party, spoke of President Bush’s wiretapping program, saying that a split among circuit courts in different areas of the country has prevented adjudication of the legality of those programs. He expressed hope that a new Supreme Court would resolve this disagreement and generally agree to hear more cases. Senator Feingold (D-Wisc.) lauded the Supreme Court’s role as a check on the president, offering as examples the Court’s rulings that Guantanamo detainees have rights to U.S. courts, and saying that an important quality in justices is a willingness to stand up to the president.

In Sotomayor’s short opening statement, she said that her judicial philosophy was simple: “fidelity to the law.” She said that her record would show that she applies the law according to Congress’s intent, applying relevant precedents. She finished by saying she looks forward to answering the senators’ questions.