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Sen. Kyl's Second Round of Questioning at Judge Sotomayor Confirmation Hearing

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Thursday, July 16, 2009; 1:01 PM

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SEN. PATRICK LEAHY: Thank you very much, Senator Grassley.

Senator Kyl, did you want another round?

SEN. JON KYL: Yes, thank you, Mr. Chairman. I'm not sure how long this will take. But, Judge, I think maybe we're, to use the president's analogy that we talked about in my very first question to you, we may be in about the 25th mile of the marathon, and I might even be persuaded to have a little empathy for this last mile here. I think you're just about done.

I wanted to go over three quick things, if I could. The first is the exchange that we had this morning regarding the decision in Ricci in which you insisted that you were bound by Supreme Court and Second Circuit precedent. I quoted from the Supreme Court decision to the effect that I -- I believe that that contradicted your answer.

If you have anything different to say than what you said this morning, I wanted to give you another opportunity to say it. We don't need to re-plow the same ground. But is there anything different that you would like to offer on that?

JUDGE SOTOMAYOR: Senator, after each round, I go to the next moment. Without actually looking at the transcript, I couldn't answer that question. It's just impossible to right now. I'm glad you're giving me the opportunity, but I would need a specific question as to something I said and what I meant before I could respond.

KYL: All right. Since we will probably have a few questions as follow up in writing and you'll be providing us answers to those, maybe the best thing is just to ask a general question or, if there is something specific that I can relate it to, and then you can respond in that way.

SOTOMAYOR: Thank you, sir.

KYL: You're very welcome.

Now, the second question has to do with the Second Amendment. In the Maloney case, you held that it was not incorporated into the 14th Amendment. And what -- well, maybe I should ask you what that means. Let me ask you in two separate situations, as a practical matter.


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