With a filibuster-proof 60 Democratic seats in the Senate, Judge Sonia Sotomayor has nothing to worry about. Unless the senators discover something completely unexpected and horrifying about her past, she will be the next Supreme Court justice. And yet she still faces heated opposition and rhetoric from the Republican minority.

How did Supreme Court confirmation battles become so contentious? And why do some nominees face loads of opposition while others sail through? TRNS Legal Affairs Correspondent Matthew S. Schwartz interviews various Supreme Court experts to try to figure out how things got quite so heated.

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Sen. John Cornyn (R-Texas) asks Judge Sonia Sotomayor whether or not she believes judges make the law. She says no, but they do change the way of viewing the law. Sotomayor adds that they change their thinking based on things like: facts, theories and affirmations. (0:52)

 

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Supreme Court nominee Sonia Sotomayor says life experiences generally help her to listen and understand, but she believes that all judges ultimately must rely on the law to command the results in a case. (0:35)

 

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Supreme Court nominee Sonia Sotomayor touches upon her speech that included the “wise Latina” comment during her confirmation hearing Wednesday. She says it is clear from the attention her words have received, that her words failed. (0:13)

 

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Sen. Jeff Sessions (R-Ala.) gave his remarks to the press after the first day of confirmation hearings for Judge Sonia Sotomayor.

Senator Chuck Schumer (D-N.Y.) makes remarks to the press after the first day of confirmation hearings for Judge Sonia Sotomayor.