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Originally published July 13, 2009 at 12:00 AM | Page modified July 13, 2009 at 12:19 AM

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Al Franken has key seat at Sotomayor confirmation fight

On Monday, as a real-life senator, Franken, D-Minn., will debut in his new role as the "people's proxy" on the Judiciary Committee, questioning Supreme Court nominee Sonia Sotomayor and thrusting himself into the first major judicial battle of the Obama era.

Star Tribune (Minneapolis)

Sotomayor hearing starts today

Here are some facts about the hearings and the court:

Some witnesses listed for the hearings:

For Republicans: New Haven, Conn., firefighter Frank Ricci, who was central to a civil-rights case that Sotomayor ruled against and the Supreme Court overturned; Linda Chavez, Center for Equal Opportunity; Sandy Froman, National Rifle Association; Dr. Charmaine Yoest, Americans United for Life; John McGinnis, professor at Northwestern University School of Law.

For Democrats: New York Mayor Michael Bloomberg; former FBI Director Louis Freeh; Kate Stith, Yale Law School professor; Chuck Canterbury, Fraternal Order of Police; former Major League Baseball pitcher David Cone.

The Senate has rejected about 20 percent of the nominees to the Supreme Court.

Nominees testifying before the Senate Judiciary Committee first occurred in 1925 and became accepted practice by 1955.

The Senate unanimously confirmed Ronald Reagan's appointments of Anthony Kennedy and Antonin Scalia, as well as now-retired Sandra Day O'Connor. Gerald Ford's pick of John Paul Stevens also went through without a dissenting vote.

Other confirmation votes: George H.W. Bush nominees David Souter 90-9, Clarence Thomas 52-48, the closest in the 20th century. Bill Clinton nominees Ruth Bader Ginsburg 97-3 and Stephen Breyer 87-9; George W. Bush nominees John Roberts 78-22 and Samuel Alito 58-42.

The court began with five justices, and over time it grew to six, then seven, then nine, then 10, then down to seven, then back to nine.

The court's 2009 term opens Oct. 6, but the justices will return Sept. 9 to hear a case that involves the rights of corporations to make campaign contributions.

During the 2008-09 term 23 decisions were 5-4 rulings; 26 were unanimous.

The average age of the justices on the 2008 court when appointed was 52.5; Sotomayor is 55. The average age of the bench now is 69.2 years. With Sotomayor, it would go to 67.6.

She'd earn a salary of $213,900, up from the $184,500 she receives on the appeals bench.

McClatchy Newspapers

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WASHINGTON — Back in his "Saturday Night Live" days in 1991, during the X-rated Clarence Thomas confirmation hearings, Al Franken played a member of the Senate Judiciary Committee less interested in the nominee's qualifications for the U.S. Supreme Court than in his own chances with a cute government receptionist.

On Monday, as a real-life senator, Franken, D-Minn., will debut in his new role as the "people's proxy" on the Judiciary Committee, questioning Supreme Court nominee Sonia Sotomayor and thrusting himself into the first major judicial battle of the Obama era.

The weeklong showdown, which could pave the way for the court's first Hispanic justice, is expected to focus on issues of race and ethnic preference, particularly Sotomayor's record on affirmative action. Senators on both sides are expected to tread carefully in this tricky political thicket, leaving little room for the sort of tension-breaking wisecracks on which Franken built a career.

But while the central focus will be Sotomayor, some of the spotlight certainly will be on Franken, whose classic sendup of Illinois Sen. Paul Simon — whom he played in the SNL skit, still bounces around the Internet, if only in transcript form.

Now, playing himself, Franken gets his first big chance to play down a comedic past that the media have found hard to ignore.

Franken's "photo opportunity" with Sotomayor on Thursday attracted such a huge throng of reporters that some were inadvertently barred from his office. One staffer called the crush of media "insane."

The new senator took no questions but released a statement after the meeting saying he is "thrilled" to participate in the confirmation process. He praised Sotomayor's experience and nodded to her "humble" life story. But he stopped short of saying he would vote for her.

All the same, fellow Democrats expected Franken to be a sure vote for confirmation.

In an interview, Franken, one of only five non-lawyers on the judiciary panel, declined to preview the questions he will put to her.

"One of the things that I think is of tremendous value in these confirmation hearings is not just weighing the qualifications of the nominee ... but also as a sort of education for the American people," he said. "I'll represent the American citizen watching the confirmation hearings ... more than anybody on the panel."

Democratic leaders who put Franken on the Judiciary Committee say they did so because of his smarts and his engagement in public debate over the past three decades as author and radio host.

"He's been involved, even though it was from a radio commentator's viewpoint, with the big issues," said Sen. Dick Durbin, D-Ill., a longtime friend of the late Simon, the Democrat that Durbin succeeded on the Judiciary Committee.

Franken called himself "somebody who always watches confirmation hearings for Supreme Court nominees." That was evident in 1991, when "SNL" did its spoof on the sexual-harassment allegations featuring former Clarence Thomas assistant Anita Hill.

As the senator with the least seniority on the committee, Franken will be the last to quiz Sotomayor — probably sometime midweek.

Franken also expressed a bring-it-on attitude in his statement after meeting Sotomayor. "The current Supreme Court has been sliding back on the rights of Americans as employees, as parents, as consumers, and as investors," he said. "It is critical that the next appointee understand the importance of these protections."

Copyright © 2009 The Seattle Times Company

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