Kyl Quotes Latino Judge on Judicial Restraint

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Jon Kyl (CQ/Ryan Kelly)

It's already apparent that Republicans are working hard not to alienate Hispanic voters during Sonia Sotomayor's confirmation hearing.

Case in point: Minority Whip Jon Kyl chose the words of a Latino appeals court judge during his opening statement to try to make his case for judicial restraint.

Kyl contrasted Sotomayor's now-famous "wise Latina" comment to comments made by Richard Paez, who overcame Republican resistance to be confirmed to the 9th Circuit Court of Appeals in 1999.

Kyl, whose home state of Arizona is nearly one-third Hispanic, acknowledged that he and Paez disagree "on a number of issues," before quoting Paez's view that his heritage should not influence his decisions.

"Although I am a Latino judge and there is no question about that--I am viewed as a Latino judge--as I judge cases, I try to judge them fairly," Kyl quoted Paez as saying. "I try to remain faithful to my oath.'

Kyl and other Republicans have raised concerns that Sotomayor would let her personal experiences inappropriately color her judicial opinions if she is confirmed to the Supreme Court.

"Before we can faithfully discharge our duty to advise and consent, we must be confident that Judge Sotomayor is absolutely committed to setting aside her biases and impartially deciding cases based upon the rule of law," Kyl said.

Paez is an unlikely GOP hero - Republicans blocked his nomination by President Clinton to the 9th Circuit for more than four years before confirming him.

Kyl carried 41 percent of the Hispanic vote when he won re-election in 2006. The next year, he generated huge home state conservative outrage by trying to broker immigration legislation between Democrats and the Bush administration.

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