Sotomayor Girds for Hill Showdown

Sessions said he expected his Republican colleagues to offer questions on specifics, such as her decision in the Ricci v. DeStefano case involving discrimination against a group of white firefighters, but also said she would be probed about her view on the proper role of judges. He hinted that this nomination would set the framework for how Republicans would view other judges nominated by Obama.

"This has the potential to change the nature of the judiciary in a way that I think is wrong," he said of a Sotomayor confirmation.

Obama's remarks about judicial empathy -- in nominating Sotomayor, he mentioned as a "necessary ingredient" for a judge "experience that can give a person a common touch and a sense of compassion" -- has been controversial with conservatives, and even worrisome for some liberals who believe it is a phrase too easily misconstrued by the public.

"In a political sense, President Obama's emphasis on empathy had made the Sotomayor confirmation process harder than it needs to be," said Doug Kendall, of the liberal Constitutional Accountability Center.

The White House and Sotomayor's supporters in the Senate and elsewhere say charges that she has let her feelings influence her rulings has not registered with the public in an environment roiled by the still-faltering economy and a showdown on health-care reform.

The allegation has also been refuted by a series of studies that show Sotomayor's decisions in 17 years as a district judge and on the U.S. Court of Appeals for the 2nd Circuit fit comfortably in the mainstream, if on the liberal edge of it. One recent study said that on matters of constitutional interpretation, she has sided with the majority 98 percent of the time.

Sotomayor received the highest rating from the American Bar Association, and even an endorsement from former Clinton special prosecutor Kenneth W. Starr, a favorite among conservative legal activists. She would also be only the third woman among the 111 justices who have served on the court, in addition to being its first Hispanic.

"Judge Sotomayor understands that the law is not some dusty book in your basement, but that it has a real impact on people's lives," said Sen. Amy Klobuchar (D-Minn.), a member of the judiciary committee.

Republicans say the hearings still hold potential peril for the nominee, as they will mark the first time the public will hear Sotomayor speak at length and respond to tough questions.

"None of this matters until the nominee comes to the table," said Ed Gillespie, the strategist and former National Republican Committee chairman who played key roles in the confirmations of Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr.

Some Republicans believe the hearings could elicit sharp retorts from Sotomayor -- who has described herself as a "bear" on the bench -- or a statement on a hot-button issue such as gun rights that could motivate the base or a powerful interest group. The National Rifle Association has said it has "serious concerns" about Sotomayor but has not yet called on the Senate to reject her.

"I was a state court judge myself, and . . . sometimes judges aren't exactly used to answering tough questions," said committee member Sen. John Cornyn (R-Tex.). "They're used to asking them, so it will be a little bit of a role reversal for Judge Sotomayor."

Cornyn worried about excessive expectations from the conservative base. "Some of them will not be happy unless Republicans filibuster Judge Sotomayor, but obviously the numbers are not there to do that even if we were so inclined," he said.

Sotomayor's injured ankle will play a bit part in the hearings, adding to the political theater. The foot remains in a cast and must be kept elevated to prevent it from swelling, particularly late in the afternoon, a White House source said. As a result, the committee is preparing a special table for the hearings that will allow her foot to be raised during the questioning.

"She's ready for this. But she's still suffering a little bit of pain for her broken foot," one White House adviser said. "She is a little uncomfortable."

Staff writer Ben Pershing contributed to this report.