(CNSNews.com) - Republican senators are thus far non-committal, but do not seem to be ruling out a fight over the nomination of Sonia Sotomayor to serve on the U.S. Supreme Court.  
 
“We need to ask tough questions to learn how this individual views the role of a Supreme Court justice,” Sen. Charles Grassley (R-Iowa) said Tuesday. “The last 25 years of Senate review of nominees has been entirely different than the first 200 years, and today the Senate can’t just be a rubber stamp for President Obama's nominees.”
 
Sotomayor was nominated by President Barack Obama to replace retiring Associate Justice David Souter.
 
Since the 1980s, Democratic senators have sometimes engaged Supreme Court nominees of Republican presidents in tough confirmation battles. This was particularly true in the failed nomination of Robert Bork in 1987 and the contentious confirmation of Associate Justice Clarence Thomas in 1991.
 
Republican senators, on the other hand, were more deferential to President Clinton’s nominations of Associate Justices Ruth Bader Ginsburg and Steven Breyer, both of whom sailed through the Senate. During the George W. Bush administration, the confirmations of Chief Justice John Roberts and Associate Justice Samuel Alito broke along party lines.
 
On Tuesday, Republicans – already facing a filibuster-proof Democratic majority – did not give a strong indication as to how they would handle the Sotomayor nomination other than to call for adequate time to conduct a “fair and thorough” confirmation hearing.
 
“I will focus on determining whether Judge Sotomayor is committed to deciding cases based only on the law as made by the people and their elected representatives, not on personal feelings or politics,” said Sen. Orrin Hatch (R-Utah), ranking Republican on the Judiciary Committee.
 
Several GOP senators, however, expressed concerns about previous comments from Sotomayor.

“Of primary importance, we must determine if Ms. Sotomayor understands that the proper role of a judge is to act as a neutral umpire of the law, calling balls and strikes fairly without regard to one’s own personal preferences or political views,” Sen. Jeff Sessions (R-Ala.), a member of the Senate Judiciary Committee, said.
 
Sotomayor, a federal appeals court judge for the Second Circuit of New York, said in 2005 at Duke University that, “All of the legal defense funds out there, they’re looking for people with court of appeals experience because the court of appeals is where policy is made.”
 
She immediately corrected herself, saying, “I know this is on tape and I should never say that because we don’t make law. I know that. I’m not promoting it. I’m not advocating it.”
 
Sotomayor also said in 2001, “I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn’t lived that life.”
 
President Barack Obama has said he wants Sotomayor seated at the start of the next term. Sessions said there should not be a rush to confirmation.
 
“We must remember that a Supreme Court justice sits for a lifetime appointment, and the Senate hearing is the only opportunity for the American people to engage in the nomination process,” Sessions said.
 
“Adequate preparation will take time. I will insist that, consistent with recent confirmation processes, every senator be accorded the opportunity to prepare, ask questions, and receive full and complete answers,” he said.
 
The Senate must not pre-judge or pre-confirm Sotomayor, said Sen. John Cornyn (R-Texas).
 
“Because Judge Sotomayor would serve for life if she is confirmed, it is essential that the Senate conducts this process thoroughly, and the president has assured me that we will have ample time to give Ms. Sotomayor's record a full and fair review,” said Cornyn, also a member of the Judiciary Committee.
 
If the nomination clears the Judiciary Committee, it will go to the full Senate for a vote, and Republicans who are not serving on the committee were ready to weigh in on the matter Tuesday. 
 
“Of primary concern to me is whether or not Judge Sotomayor follows the proper role of judges and refrains from legislating from the bench,” said Sen. James Inhofe (R-Okla.). 
 
“Some of her recent comments on this matter have given me cause for great concern. In the months ahead, it will be important for those of us in the U.S. Senate to weigh her qualifications and character, as well as her ability to rule fairly without undue influence from her own personal race, gender, or political preferences,” Inhofe added.
 
Controversial statements will be paramount for some senators.
 
“The Constitution is clear that Supreme Court justices must interpret the law and not legislate from the bench,” Sen. David Vitter (R-La.) said. “Judge Sotomayor made some comments at Duke University regarding the power of the courts to make policy that do give me pause, and that it is something that I look forward to discussing with her.”

Few things are more important to senators than deciding on a Supreme Court Justice, said Sen. Jim DeMint (R-S.C.).
 
“Some of her writings seem to raise serious questions about her approach to the Constitution and the role of the federal judiciary, but I will withhold judgment about her nomination until she has the opportunity to fully present her views before the Senate,” DeMint said.  
 
Senate Minority Leader Mitch McConnell (R-Ky.) stressed that this appointment should not be a rubber stamp.
 
“Senate Republicans will treat Judge Sotomayor fairly,” McConnell said. “But we will thoroughly examine her record to ensure she understands that the role of a jurist in our democracy is to apply the law even-handedly, despite their own feelings or personal or political preferences.
 
“Our Democratic colleagues have often remarked that the Senate is not a ‘rubber stamp.’  Accordingly, we trust they will ensure there is adequate time to prepare for this nomination, and a full and fair opportunity to question the nominee and debate her qualifications,” McConnell said.
 
The historical dimension to Sotomayor’s nomination – the first Hispanic on the high court – is important, but not the deciding factor, said Sen. Mel Martinez (R-Fla.).
 
“As an Hispanic-American, I take great pride in seeing the nomination of an Hispanic person to serve in this high position – an historic first,” Martinez said, who also praised Sotomayor’s personal background.
 
“The appointment and confirmation of federal judges is the only time that the Constitution brings all three branches of our government together into one unified process. These unique opportunities require that all participants work to ensure the process is both fair and thorough,” Martinez said.
 
“When it comes to judicial candidates, we ought to look at experience, fairness, impartiality, temperament, and knowledge of the law,” Martinez added.
 
Sen. John McCain (R-Ariz.), a moderate who lost last year’s presidential election to Obama, gave a similar statement.
 
“I congratulate Judge Sonia Sotomayor on her nomination by the President to be an Associate Justice on the United States Supreme Court,” McCain said. “I look forward to examining her record thoroughly during the Senate confirmation process.”
 
Sen. Kay Bailey Hutchinson (R-Texas) said, “As the Senate carefully reviews the qualifications of Supreme Court nominee Sonia Sotomayor, our chief concern must be her commitment to the rule of law.
 
“I look forward to a fair and open confirmation process as we work to ensure our next Supreme Court Justice will defend and protect the Constitution through impartial judgment and judicial restraint,” she said.
 
The White House called the Senate’s most liberal Republican Olympia Snowe to tell her the news Tuesday, and Snowe appreciates that Obama named a “well-qualified woman” to the court, but she said a close review is still necessary.
 
“I share the view that the proper role of the judiciary is one of interpreting the Constitution and acts of Congress, not legislating from the bench,” Snowe said. “As such, I will carefully evaluate Sonia Sotomayor’s record and temperament in making my determination.”