Interview With Senators Hutchison, Klobuchar
JOHN KING, CNN HOST: I'm John King and this is our STATE OF THE UNION report for this Sunday, May 31st. President Obama's Supreme Court nominee this week begins to make her case for Senate confirmation. Judge Sonia Sotomayor brings years of experience on the bench and a powerful personal story, but also questions about controversial remarks she's made in the past. We'll look ahead to her confirmation hearings with Democratic Senator Amy Klobuchar and Republican Senator Kay Bailey Hutchison. Some Senate Republicans are expressing concerns Sonia Sotomayor would be an activist justice. Are they prepared to block a vote on the president's Supreme Court nominee? The Senate's top Republican, Mitch McConnell, is here to lay out the GOP's confirmation battle plan. And later this week, President Obama will deliver a speech to the Muslim world in Egypt. That country's ambassador to the United States, Sameh Shoukry, gets the last word. That's all ahead in this hour of STATE OF THE UNION. A beautiful shot of the United States Capitol. Look at that blue sky, on a glorious Sunday morning here in Washington. In that building, a very big week ahead for Sonia Sotomayor. The appeals court judge President Obama calls an inspiring choice to join the Supreme Court heads to Capitol Hill for her first meetings with the senators, who must decide whether to confirm her. At the moment, odds are that Judge Sotomayor will become Justice Sotomayor and take her place as the first Hispanic and just the third woman to serve on the nation' highest court. The White House is using her 17 years of judicial experience and personal life story as key selling points, but her legal record is being scoured, and while there is plenty of praise, some with key roles in the confirmation process see they see troubling signs of an activist judge who brings her personal biases into the courtroom. Joining us to look at the record and the road ahead is Republican Senator Kay Bailey Hutchison of Texas, she is in Dallas this morning, and Democratic Senator Amy Klobuchar of Minnesota is with us here in D.C. Senators, thank you both for being with us. Let me start with this, Senator Klobuchar, this will be your first vote on a Supreme Court nominee. You're relatively new to the Senate. Senator Hutchison, you have had four previous votes - Justice Alito, Chief Justice Roberts, Justice Breyer and Justice Ginsburg; two of those Clinton nominees. You have voted yes on all four. Justice Breyer was clearly left of center, Justice Ginsburg was clearly left of center. Do you believe Judge Sotomayor is more to the left of Breyer and Ginsburg, or will this be your fifth yes vote?</s>SEN. KAY BAILEY HUTCHISON (R), TEXAS: I haven't made a decision on how I will vote. And I think that her record will certainly determine where she stands in that spectrum. So I'm looking at the full record. As you know, I have voted against her when she went to the court of appeals, and I want to look now at the 11 years that have elapsed since then and give her a fair shot. I mean, that's what she deserves, and it's my responsibility.</s>KING: Let's look at some of what has happened in those 11 years. And one of the things that drew a lot of headlines, the first flashpoint, if you will, was a speech she gave back in 2001 out at Berkeley in California. And she said this. "I would hope that a wise Latina woman, with the richness of her experiences, would more often than not reach a better conclusion than a white male who hasn't lived that life." Senator Klobuchar, the president of the United States, several of his top aides on Friday, spent some time backing away from that saying, if she had the chance to give that speech again she would say it differently. The president wouldn't do that unless he saw her problem. What's wrong with that, with what she said?</s>SEN. AMY KLOBUCHAR (D), MINNESOTA: Well, you know, John, I really see this as very similar to what so many other nominees for the court have said. She is talking about her own experiences...</s>KING: And why would the president have to come out and take it back?</s>KLOBUCHAR: You'd have to talk to him about that, but I see this as part of her own experience. What she's basically saying -- maybe she could have chosen different words, but what she is basically saying is, your experience matters, and she went on to say that you have to look at this as a whole, that she has to have -- bring her experience to bear, but also the law to bear. You look at what Justice Alito said in his confirmation hearing when Senator Coburn asked him, he said that he knows his relatives had been the subject of discrimination, and he takes that into account when he looks at cases. Very similar to some of the things she said. I think the basic thing on this nominee is this -- this is a woman who not only knows the law, understands the Constitution, she also understands America.</s>KING: Let's spend more time on the -- time on the bench. But Senator Hutchison, I want to bring you in on that particular statement. Most of the people criticizing it are white men. "I'm lucky to have two of the 17 women who serve in the United States Senate with me this morning." Do you find that statement about Latina woman experience, do you find it offensive or does it make perfect sense to you as a woman?</s>HUTCHISON: Well, it troubles me to hear someone say something like the court of civil appeals -- or the court of appeals is where we make policy in this country. It does trouble me to say that one type of old person versus another one is going to make a different or better decision. Those are troubling. But I think she will have the chance to explain that. We will be able to look at her record, to see if, in fact, those statements reflect what she has done on the bench. My view is that America believes in equal opportunity. They want every person to have an equal opportunity. And there are many people with disabilities besides the -- maybe growing up in poor circumstances. I will say, I think her background is incredible, and her academic qualifications are sound. Now, we need to look at the other very important criteria for a lifetime appointment for the Supreme Court justice of the United States...</s>KING: Are you saying...</s>HUTCHISON: ... and that is judicial philosophy.</s>KING: Senator Hutchison, you say it troubles you that she says that she might be better suited to make a certain decision than somebody else of a different background. I want to read something. This is from your Web site that you posted just this month on your Senate Web site. It says, "The experience of balancing a full- time job with a full-time family has given me a unique insight into the needs of working families across Texas and throughout our nation. I have been fortunate to use this perspective to shape legislation that will empower mothers to make choices that are best for them and their children. In fact, two of my proudest legislative accomplishments have been borne out of family considerations." I read that, as you saying as a woman, as a mother, you sometimes think you are better suited than a man to deal with certain policy questions. Is that a fair reading?</s>HUTCHISON: Well, I'm a member of the United States Senate, I do make policy, I vote on policy. And I think it is very important in the Senate or in Congress or for governors, anyone elected and who is accountable to the people, I think should be a part of America and the American experience. Now, I think that's also important for a Supreme Court justices, but their role is very different.</s>KLOBUCHAR: John, and you know, Senator Hutchison, I appreciate very much the dignified approach she is taking here. Very different that you've heard from some of the people who have been criticizing and shame playing, all these names they are throwing at this nominee. And I'll say the same thing, is that these hearings are going to be very important. But when you actually start looking at the record of this nominee, when they start -- people are saying she is some radical. Look at this, 81 percent of the time she actually rejected discrimination claims, when you look back at her opinions. When she was on a panel, a three-judge panel with the Republican appointed judge, 95 percent of the time they vote the same. They agreed. So I think what you're going to see here is a moderate judge, and as Senator Hutchison was describing, as someone you'd want to see -- someone who looks at the law and looks at the facts, applies the law to the facts.</s>KING: Let's look through some of the record. Let's start with abortion rights. If you go through her voluminous record, there is nothing, nothing that gives you a hint as how she would vote if Roe v Wade came before the Supreme Court again, if somebody challenged the basic right of -- constitutional right of privacy or the right to abortion in this country. Does that worry you?</s>KLOBUCHAR: No, not at all. And in fact, if you look, she did have one case where she actually affirmed a Bush decision of interpretation of the rule, the gag rule, because she felt that she had to apply the law. But when you look at precedents, one of those precedents is Roe v Wade, so I know what she will be asked about in the hearing is her respect for precedent, including that case.</s>KING: Is it fair to ask her Roe v Wade -- no, a lot of abortion rights groups are asking you to ask her that question.</s>KLOBUCHAR: It's fair to ask about her respect for the law and precedent.</s>KING: Let's look, you're both from states where hunting is very important. She has ruled in some Second Amendment cases. And in one case, Maloney versus Cuomo, the question was does the state ban on a certain weapon, type of weapon violate the Second Amendment? And she rejected a lawsuit from a man who wanted to have a martial arts weapon. It's called a nunchuck. And essentially, what she said in this ruling is that the Second Amendment is a federal amendment. It applies only to the federal government. And she said, quote, "The Second Amendment applies only to limitations the federal government seeks to impose on this right." So Senator Hutchison, what she says essentially is that states can regulate weapons as long as they are within the umbrella of the Second Amendment. Are you OK with that?</s>HUTCHISON: I am a very strong supporter of the Second Amendment. I even voted against the attorney general, Holder, because he had written opinions that said the right to keep and bear arms is one for an organized militia and not the individual, and I vehemently disagree with that, even though I respect him as a person. That is something that I will look into very carefully. I'm concerned about that approach.</s>KING: I want to cover another case or two. But are you worried about her and the Second Amendment?</s>KLOBUCHAR: No, I'm not. This was a specific case regarding states -- the state rights and the federal rights. The Heller case made things very clear. I supported that ruling as well. But you look at what happened this weekend, John. She actually got the endorsements of law enforcement in the state that she grew up in, the state of New York. Some tough cops there, law enforcement, prosecutors. So I think you're going to see a woman who is a tough prosecutor, someone who wants to uphold the law and has sided with cops many times in decisions, and to also uphold the Second Amendment.</s>KING: We're going to run out of time, so I'm going to skip to other cases and ask you a little bit about the political debate that's about to come now. We'll start with you, Senator Hutchison, as a senior Republican, if somebody in the Republican Party says we want to block filibuster, stall, delay, would you support that or would you say, no, up and down vote on the floor?</s>HUTCHISON: Well, I think we need to look at the record fully and I think we ought to do that in an expeditious way. I don't think that the need for filibuster will be there unless we have not had a chance to look at the record fully.</s>KING: Is the president his own worst enemy in some ways here, Senator Klobuchar, because Senator Barack Obama supported a filibuster against Justice Alito? He said he didn't want him on the court and he supported a filibuster. Has he set a bar that if Senator Hutchison's party decided, we don't like this nominee, they could invoke the Obama standard?</s>KLOBUCHAR: Well, I don't think so. And as you know, in the end, that didn't happen in that case. And...</s>KING: It didn't happen, but he supported it.</s>KLOBUCHAR: Well, I believe that in this case when you listen to the Republicans on the Judiciary Committee, they want a good, thorough hearing. I think there's significant time to look at her record. I think she is going to pick up Republican support and I don't think that this will be filibustered.</s>KING: OK. We need to close, we're out of time. I want to give you each one sentence, though, on the future that comes ahead. Senator Hutchison, you want to be the next governor of Texas, any doubt about that? Are you in that race?</s>HUTCHISON: Well, I'm in the preparatory stages for that race. I have not made a formal announcement.</s>KING: Sounds like almost 100 percent. And when you were here last, Senator Klobuchar, you said this drama, Coleman/Franken, would be over by Memorial Day. There will be arguments at the Supreme Court tomorrow.</s>KLOBUCHAR: Yes.</s>KING: Will this ever end?</s>KLOBUCHAR: Very close. There is going to be a one-hour argument tomorrow, John. And I will tell you, it's not going to be an instant verdict. We won't have a Susan Boyle moment here. But I would hope within a month or so we'll get a decision from the Minnesota Supreme Court and that this will be resolved.</s>KING: Senator Kay Bailey Hutchison of Texas, Republican, she's in Texas this morning. Amy Klobuchar, Democrat of Minnesota. Thank you both for joining us.</s>KLOBUCHAR: Thank you, John.</s>KING: And up next, the top Republican in the Senate sizes up President Obama's Supreme Court nominee and the use of terms like "racist" and "KKK" by some Sotomayor critics in the GOP. Senate Minority Leader Mitch McConnell when STATE OF THE UNION returns.