Graham on right track in approach with nominee for Supreme Court

U.S. Sen. Lindsey Graham, R-S.C., has become a leading voice of reason as Supreme Court nominee Sonia Sotomayor answers questions about her qualifications.
Graham was critical of Sotomayor, 54, after meeting with her Wednesday. He admitted he would have trouble supporting the judge’s nomination, but he’s willing to listen.
While some Democrats want to rubber stamp Sotomayor’s nomination and some Republicans want to label her a racist, Graham has called for a thorough and reasoned examination of her record.
Graham is on the right track. There’s no reason to approach Sotomayor differently than previous nominees. Any effort to wave through President Barack Obama’s first Supreme Court nominee is nothing more than political correctness at its worst.
We applaud Graham’s decision to force Sotomayor, who sits on the 2nd Circuit Court of Appeals, to justify her selection. As a member of the Senate Judiciary Committee, Graham will ask important questions in the process.
Sotomayor’s confirmation would be a historic moment for this country. She would be the first Hispanic Supreme Court justice if she survives the Senate vote.
The label makes it tempting to celebrate the moment and bypass the usual protocol. That cannot happen. If and when Sotomayor is seated, her tenure on the bench likely will outlast Obama’s in the White House and Graham’s in the Senate. She must pass intense scrutiny, including her remarks on race.
The judge several years ago said she would hope a “wise Latina woman” would reach a better conclusion than a white man. That comment has started a firestorm among conservative Republicans.
During an interview with a Charlotte radio station Wednesday morning, Graham said he disagreed with former House Speaker Newt Gingrich and radio talk show host Rush Limbaugh, who called Sotomayor a racist. Gingrich backed off his remarks Monday.
But there’s also a perception Sotomayor lacks the temperament and character to be on the high court. Would she give everyone a fair shake?
“My criticism about her comment and the speech that she gave wasn’t that I think this lady is a racist,” Graham said. “There is no evidence of that, but this statement is troubling and I did tell her this, ‘If I said it, it would be over for me. No matter how well-intentioned I was and no matter how much I tried to put it in context, that would be it.’” he said. “And you all know that.”
Graham added: “Being an average, everyday white guy ... that does not exactly make me feel good hearing a sitting judge say that.”
Graham was direct in his personal meeting with Sotomayor, as he should be. He is one of the top legal minds in the Senate and would be a good candidate for a Supreme Court seat himself. His comments open the door for others to be tougher in dealing with Sotomayor.
Quite frankly, Sotomayor’s body of work seems to favor confirmation. She’s accomplished, fair and impressive. But she’s not above the process.
Unfortunately, partisan rancor rules the road leading to confirmation. Obama knows this all too well. When he was a U.S. Senator from Illinois, the liberal Democrat opposed the nominations of conservatives Samuel Alito and John Roberts based on ideology.
“That’s what Sen. Obama was trying to say, my base doesn’t like Alito or Roberts,” Graham said. “He used a standard that would make it impossible for a person of the opposite party to confirm a nominee of the other party. If I used the Sen. Obama standard, there is no way she would get my vote.”
We would prefer Graham make up his mind after her testimony before the Senate. In the meantime, we appreciate his efforts to ensure an open and honest conversation about her qualifications.