Good morning, everyone.

Judge, it's good to see you back, and your family.

Judge Sotomayor,...

Good morning, Senator. It's good to see you

again.

Yes, generally. But the point I was making was

that Justice O'Connor's words, the ones that...

It had a different meaning in the context of

the entire speech.

It is clear from the attention that my words

have gotten and the manner in which it has been...

I stand by the words; it fell flat. And it --

and I understand that some people have understood...

I would regret that, because, for me, the work

I do with students -- and it's just not in the...

The title of that speech was "Returning Majesty

to the Law." As I hope I communicated in my...

And I was encouraging them not to fall into the

trap of calling decisions that the public disagrees...

They change -- we can't change law. We're not

lawmakers. But we change our view of how to interpret...

It's not that it's important to the law as much

as it is that it's what legal cases are about....

I was talking just about that. There are in

the law -- there have been upheld in certain situations...

You need to be a pilot who has good eyesight.

No, no, no, no. But what I'm -- was talking

about there, because the context of that was talking...

I'm not sure of that -- I'm not sure exactly

where that would play out, but I was asking a hypothetical...

Yes. It is absolutely correct. I was asked no

question by anyone, including the president, about...

No, sir, because you just have to look at my

record to know that in the cases that I addressed...

I have no idea, since I know for a fact I never

spoke to him about my views on abortion -- frankly,...

-- abortion-related activities.

If he was talking about the fact that I served

on a particular board that promoted equal opportunity...

(Laughs.)

Senator, I can't speak to what brought this

case to Judge Cabranes's attention. I can say the...

As you know, the court's opinion, issued after

discussions en banc, recognized, as I do, the...

Thank you. Thank you very much.

I would note in the record -- will put in the record a letter...

Yes.

To -- and without objection, those will be made part

of the record. And we'll -- do you have...

Then I'll yield to Senator Cardin.

(Laughs.)

That's a great invitation, and good morning,

Senator.

You can assure your Baltimore fans...

I -- thank those who have commented in the way

they did. I think that most lawyers who participate...

When we speak about my passion, I don't think

that the issue of guaranteeing each citizen the...

Believe my case -- my cases, my entire record

shows that I look at the acts of Congress, as...

Your comment about your daughter and

granddaughter makes me remember a letter I received when...

It almost comes around to your earlier

question, which is, that issue is one that starts with...

Well, it depends on the context of that case

that you're looking at. In the Gant case, for example,...

The right to privacy has been recognized, as

you know, in a wide variety of circumstances. For...

I know that there's been a lot of attention

paid to one speech and its variants that I've given....

Thank you very much, Senator Cardin.

And Senator Coburn.

Without objection, it will be placed in the record.

I can speak to what the court has said in its

precedent. In Planned Parenthood versus Casey,...

I can't answer that question in the abstract,

because I would have to look at what the state...

The law has answered a different question.

It's talked about the constitutional right of women...

-- in certain circumstances. And, as I

indicated, the issue becomes one of what's the state...

I can't answer that in the abstract, because

the question as it would come before me wouldn't...

All I can say to you is what the court's done.

And the standard that the court has applied,

what factors it may or may not look at within a...

That --

I can't because that's not a question that the

court reaches out to answer.

That's a question that gets created by a state

regulation of some sort or an action by the state...

It depends on what they're applying that

definition to. And so there are situations in which...

As I said, it depends on in what context

they're attempting to do that.

No, sir.

In the Supreme Court's decision in Heller, it

recognized an individual right to bear arms as...

Through -- and others, but the -- generally. I

shouldn't say "and others"; through the 14th.

The...

Was that right incorporated against the states?

And we determined that, given Supreme Court...

Well, they failed to rule on it, you're right,

but I --

I agree.

It's not how "I" see the law.

No, it's not my interpretation; I was applying

both Supreme Court precedent deciding that question...

I can't answer of incorporation other than to

refer to precedent. Precedent says --

-- as the 2nd Circuit interpreted the Supreme

Court's precedent --

-- that it's not a -- it's not incorporated.

It's also important to understand that the individual...

And by that I mean what the court will look at

is a state regulation of your right and then...

One of the frustrations with judges and their

decisions by citizens is that -- and this was...

As you know, there are many states that

prohibit felons from possessing guns. So does the federal...

I'm trying to think if I remember a case where

the Supreme Court has addressed that particular...

I -- as I said, I don't --

-- know. I don't know if that legal question

has been ever presented.

But that is sort of an abstract question --

-- with no -- no particular meaning to me

outside --

Could I --

I know it's difficult to deal with someone as

-- like a judge, who's so sort of -- whose thinking...

But could I -- could I --

Exactly. That's exactly right. But let me --

let me try to address what you're saying in the...

(Laughs.) I'd be in a lot of trouble then.

But I couldn't do that under a definition of self-defense.

And so that's what I was trying to explain in

terms of why, in looking at this as a judge, I'm...

Or not the --

I have actually agreed with Justice(s) Scalia

and Thomas on the point that one has to be very...

Well --

My speech and my record on this issue --

because I've never used it to interpret the Constitution...

Unless the statute requires you or directs you

to look at foreign law -- and some do, by the...

There is none. If you look at my speech,

you'll see that repeatedly I pointed out both that...

We don't render decisions to -- we don't render

decisions to please the home crowd, or any other...

Thank you, Mr. Coburn.

Senator Whitehouse.

(Laughs.)

I can. That's the pledge I would take if I was

-- that I took as district court judge, as a...

That's correct.

I was.

No, because most of us on the board didn't have

civil rights experience. I had actually -- when...

I don't believe any question was asked about my

service on the Puerto Rican Legal Defense and...

Like you, I am -- and perhaps because I was a

state prosecutor and I have been a trial judge,...

Senator, I -- as I see the jury system, I don't

know exactly -- I don't actually -- and I've...

Yes.

The Constitution, by its terms, sets forth the

powers and limits of each branch of government....

The best framework that has been set out on

this question of a unilateral act by one branch...

-- takes the action, typically.

The best description of how to approach those questions was...

I think, as I understand your question,

Senator, that there are two issues -- if not more, but...

That --

That's generally the structure. In -- not so

long ago, the Supreme Court dealt with a technologically...

Exactly.

And in that case, the reason for that case is that apparently --

I'm not an expert...

Thank you.

Thank you.

(Laughs.)