After Judge Sonia Sotomayor was nominated to replace Justice David Souter on the Supreme Court, Sen. Lindsey Graham (R-SC) joined with conservatives in declaring her an “activist” judge. “If I look at her philosophy, her legal philosophy, which I think is very activist in nature,” said Graham in May. But after three days of confirmation hearings, Graham appears to have changed his mind:
GRAHAM: And here’s what I will say about you. I don’t know how you’re going to come out on that case. Because I think fundamentally, judge, you’re able after all these years of being a judge to embrace a right that you may not want for yourself. To allow others to do things that are not comfortable to you, but for the group, they’re necessary. That is my hope for you. That’s what makes you, to me, more acceptable as a judge and not a activist. Because a activist would be a judge who would be chomping at the bit to use this wonderful opportunity to change America through the Supreme Court by taking their view of life and imposing it on the rest of us.
In his live-blog of the hearing, Ian Millhiser remarks that “Graham looks a whole lot like a ‘yes’ vote” following that exchange.