If Republican obstructionists try to kill Judge Sotomayor's nomination by filibuster, they probably won't get help from Sen. Murkowski. (When Senate opponents filibuster, they subject an issue to unlimited debate. A proposal or nomination is blocked unless supporters get a supermajority of 60 votes to shut off debate.)
In May 2005, Sen. Murkowski opposed using the filibuster to block presidential appointments. At the time, Senate Democrats were the minority and filibustering controversial judicial nominees offered by President George W. Bush.
Writing in the Juneau Empire, Sen. Murkowski said:
"Let me make it clear that I support an up-or-down vote on all nominations brought to the Senate floor, regardless of the president nominating them or which party controls the Senate. These nominees deserve to be considered based on their merits."
Sen. Murkowski is not a big fan of the filibuster in general. The Web site Filibusted tracks Senate votes on the tactic. In 13 Senate votes this year, Sen. Murkowski voted to end a filibuster 12 times. The site ranked her as tied for second "least obstructionist" of the Republican senators when it comes to ending filibusters. Judge Sotomayor has a stellar resume for serving on the nation's highest court. Educated at Princeton and a graduate of Yale Law School, she has been a federal district court judge and is a long-time federal appellate court judge. Her personal story is compelling. She was raised by her Puerto Rican parents in a housing project in the Bronx, overcame diabetes as a child and lost her father early in life.
Senators should ask Judge Sotomayor about her judicial philosophy. They should question the role "empathy" plays in her judicial decision-making, because it's a quality President Obama sought when making the appointment.
But in the end, Sen Murkowski's colleagues in the minority should follow her counsel: Examine and scrutinize the candidate first, but allow an up or down vote on an obviously qualified Supreme Court nominee.
BOTTOM LINE: Give President Obama's Supreme Court nominee a fair hearing and a clean up or down vote.
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