Response to Sen. Sessions (see pages 22-25, campaign finance, voting rights) [CORRECTED LINK]
Response to Sen. Cornyn (see page 40, Bush v. Gore)
Response to Sen. Coburn (see page 40, political question doctrine)
As with the hearings generally, these written responses are unilluminating. There has been a great deal of criticism over the failure of the hearings to illuminate much about the judge’s views—even from liberals who wanted Judge Sotomayor to make bold statements about the meaning of the Constitution. Though I agree that the hearings have not done so, that seems to me to miss the bigger point. Judge Sotomayor’s priority is to get confirmed and have influence once on the Supreme Court, not to use the hearings to educate Senators or the public. She acted rationally in using the model of other recent nominations to say as little as possible of substance in order to get confirmed. Any other strategy would have been riskier, and of questionable benefit compared to her elevation to the Supreme Court.