Sotomayor avoids saying whether marriage should be issue for federal courts
Sen. Charles Grassley had a testy exchange Wednesday with Judge Sonia Sotomayor about the federal government’s authority over marriage law.
During the Iowa Republican’s second turn at questioning the Supreme Court nominee, Grassley referred to a 1972 Supreme Court decision, Baker v. Nelson, in which the justices declined to consider a gay-marriage case. He asked whether she thought federal courts lacked authority to hear civil-rights cases involving marriage.
Sotomayor said the issue is pending in several courts, before Grassley cut her off.
“I thought I was asking a very simple question,” he said.
He ticked off a list of cases Sotomayor had referenced as precedent during her testimony on Tuesday. “You said these are precedents,” Grassley continued, raising his voice. “Now, are you saying to me that Baker v. Nelson is not a precedent?”
“It’s not that I’m attempting not to answer your question, Senator Grassley,” she said.
Grassley interrupted again, “Why are you hedging on this?”
Finally, Sotomayor said it had been since law school that she had reviewed the case, prompting Grassley to move on to another topic.
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The Des Moines Register
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Grassley: Think long-term in gay marriage fight
JOHNSTON, Iowa - U.S. Sen. Charles Grassley said conservatives opposed to the Iowa Supreme Court’s gay marriage ruling should focus on long-term planning.
Grassley acknowledged he’s taking a lower profile on the issue than some Republicans, but he said that’s because a bipartisan approach is needed.
Speaking Thursday night during a taping of the public television program “Iowa Press,” Grassley argued gay marriage opponents should look toward the next election and future legislative sessions.
“It ought to be thoroughly planned,” said Grassley. “I don’t think it should be planned for just this year or next year, because this Legislature is about over. I think you ought to plan what you are going to do for the next election, for the next Legislature.”
Democratic leaders in the Legislature have opposed beginning the process of amending the Iowa Constitution to overrule the state Supreme Court’s April 3 decision. Two consecutive General Assemblies must approve a proposed constitutional amendment before it could be put to voters.
Grassley said social conservatives should begin building the political base needed to deal with the court’s decision.
“If there’s going to be any action taken contrary to the Supreme Court’s decision, then it should be to seek as broad a consensus as possible,” he said.
The four-term Republican senator said gay marriage opponents should realize the issue doesn’t break along partisan lines.
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