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President Obama's Supreme Court Pick; Republicans' Concerns About Sotomayor; 18,000 Marriages on the Line

Aired May 26, 2009 - 10:59   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

TONY HARRIS, CNN ANCHOR: It is Tuesday, May 26th. And here are the faces of the stories driving the headlines today in CNN NEWSROOM.

It is Judge Sonia Sotomayor. President Obama reveals his first choice for the United States Supreme Court, a Latina.

In two hours, gay couples get California Supreme Court decision on Prop 8. Will same-sex marriage stand or fall?

And North Korean leader Kim Jong-Il thumbing his nose at the world with more menacing moves today.

Good morning, everyone. I'm Tony Harris, and you are in the CNN NEWSROOM.

President Obama calls her an inspiring woman who will make a great justice. He has chosen Federal Appeals Court Judge Sonia Sotomayor as his nominee for the United States Supreme Court. In his announcement less than an hour ago, the president said Sotomayor's humble beginnings and her judicial experience make her the right person for the job.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: After completing this exhaustive process, I have decided to nominate an inspiring woman who I believe will make a great justice, Judge Sonia Sotomayor of the great state of New York.

(APPLAUSE)

(END VIDEO CLIP)

HARRIS: What a moment.

We have in-depth coverage beginning with White House Correspondent Suzanne Malveaux and CNN Senior Legal Analyst Jeffrey Toobin.

Suzanne, let's begin with you.

What was it like to be in that room? What kind of reactions did you see in reaction to this morning's announcement?

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Tony, it was really unusual to be in the room. It was very emotional. A lot of people in the audience were crying, were moved to tears by some of the things that she was saying. She acknowledged her mother who was sitting in the front row. Her father died when she was 9, and she talked about how her mother had two jobs to raise her, that she was inspired by her, her stepfather, who was sitting beside her there, saying how much she loved the two of them, that she was an ordinary person with extraordinary opportunities.

A lot of people in the room seemed to -- they were nodding their head, crying. The head of the NAACP, the Urban League, Marian Wright Edelman, Reverend Al Sharpton, all of them, together, kind of, if you will, almost empathizing, identifying with what she was saying there when she talked about her struggle from the South Bronx to Princeton, and then on to Yale Law School.

Obviously, a very touching personal story. It was something that the president talked about, as well.

He really highlighted it, and he talks not only about the fact that she has the intellectual heft, but that she does have such an attractive background. And that part of that, part of that, Tony, they're emphasizing is that she has bipartisan appeal. That is to the Republicans who would like to fight this nomination, saying that she was nominated by both previous Republican and Democratic presidents to her former post, and that she does have this compelling story that's an historic moment, to put a Hispanic on the Supreme Court.

He even mentioned the fact that this injunction, when it came to ending the baseball strike and bringing back the World Series. I mean, it doesn't get any more than apple pie and mom and all of that kind of thing.

And so they really, in a very short period of time, tried to portray her in a very broad, attractive way as a full candidate here, both dealing with the law, dealing with her expertise, but also dealing with her as someone that the president said he was looking for, someone with a common touch. That is how they're packaging her. That is how they're presenting her to the world.

We'll see. They're pretty confident that they believe that she'll be able to get confirmed -- Tony.

HARRIS: Suzanne, stay right there for a moment. I've got a question I want you to think about for a moment as I go to our senior legal analyst, Jeffrey Toobin.

And Jeffrey, the question for you, and I want Suzanne to think about this, as well, is there are so many -- at the end of the day, there were so many talented candidates to choose from for this president. What is it that you think tipped the balance in the favor of Judge Sotomayor?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Two things. One is simply unassailable qualifications.

She has been on the court of appeals for a decade, she had been a district court judge before that, she has impeccable educational credentials. She simply fits the profile of what a Supreme Court has looked like -- Supreme Court justice has looked like historically in terms of background.

The other thing that she had going for her is her personal story. I mean, she has a background somewhat like Barack Obama -- raised by a single mother, in very modest circumstances. Through educational opportunities, gets a fabulous Ivy League education, and puts that to work for public service. She wasn't a community organizer like Barack Obama was, but she was a prosecutor in Manhattan.

That similarity and that story, combined with her qualifications, make her a very appealing package as a nominee.

HARRIS: And Suzanne, that same question to you. Is this the package that the president was looking for? Because there's a political consideration here, as well, as you well know. There will be some who will weigh in that this was nothing more than a demographic choice, a representative pick.

Is this president and this administration ready for that charge?

MALVEAUX: You know, they're certainly ready for it, but I think Jeffrey is absolutely right. You know, it really is a personal story that very much mirrors Barack Obama's own personal story, and she tells it with such humility, that she seems to be extraordinarily grateful for where she is, that she never really imagined the kind of opportunities that she would have, that she'd be back at the White House in this circumstance.

And the other thing, you talk about -- he was under a lot of pressure from women's groups, from Hispanic groups. And this is really kind of a twofer then, because -- a twofer -- you know, you get both of those aspects and those groups. You've already heard from both of those, a lot of different people from those groups saying that they're quite pleased with this pick. But I have to say that I really agree. I think that it has a lot more to do with the fact that when they got together and they met one another, that they really did hit it off.

Our own Gloria Borger reporting that it was Thursday that the two met for the first time for four hours, sat down, and really got a chance to know each other. And President Obama knew the other three candidates a lot more, a lot closer than he did Sotomayor. He didn't know her very well at all.

The other three also being women, but this was somebody who, when he sat down and got to know her, really felt like she was sincere, like she had a compelling story. And that it was a no-brainer in a way, that she had the full package.

HARRIS: Our thanks to our White House correspondent, Suzanne Malveaux.

Suzanne, appreciate it, as always.

Let's turn back to our senior legal analyst, Jeffrey Toobin.

Jeffrey, this pick, if confirmed -- first of all, do you expect her to be confirmed?

TOOBIN: Well, certainly based on what we know now.

(CROSSTALK)

HARRIS: Yes. No tax issues, nothing...

TOOBIN: Exactly, scandal. She doesn't have any children, so I doubt there'll be any nanny tax issues. But we'll have to see what comes out.

But based on what we know now, it does look like she'll be confirmed. But I think it's important to emphasize that there will be serious policy differences, issues of judicial philosophy that the Republicans will raise, and they may get some traction on them.

HARRIS: Such as?

TOOBIN: That they won't attack her qualifications, but her views.

HARRIS: Sure. Such as? Tee this up, because that gives an opportunity to tee up what this confirmation fight, to the extent that it is a fight, might look like.

TOOBIN: She gave a speech not too long ago where she said those of us on the courts of appeals, on the circuit courts, we make policy.

HARRIS: We make policy, yes.

TOOBIN: We don't really say that, but we make policy. Now, that, conservatives will say, was a code word for judicial activism, for the kind of judge who is telling states what to do and not letting legislators make the law.

The argument against Sotomayor will be the argument against judicial activism. What conservatives will say is, we want judges who don't make policies, who simply interpret the law, don't expand their role beyond what it should be.

Liberals tend to believe that judges should have a broader role, should take a more aggressive tack in enforcing the Constitution. Conservatives believe in a narrower role. There are exceptions in both categories, but that is likely to be the substantive debate we see from the -- from Republicans in the Senate.

Now, whether they can get 51 votes is a different story. But I think we will have a serious debate on those issues.

HARRIS: And Jeffrey, I know you also tackle some political issues for us, as well. That picture this morning of the African- American president, next to the Hispanic judge, about to be appointed to -- the nominee for the Supreme Court, will you talk to us about how powerful that is symbolically? What is happening in America?

TOOBIN: Well, this is a very different picture of what America looks like. As we all know, 43 of the 44 presidents have been white men; 107 of the 111 Supreme Court justices have been white men. And here you have the first African-American president and potentially the first Hispanic woman as a justice of the Supreme Court.

HARRIS: The highest court in the land.

TOOBIN: And that is simply a reflection of how the country is changing. Now, that is something that is welcomed by many people, it is a subject of worry for others. But it is a fact that America looks different in its leadership than it ever has before.

HARRIS: And let's leave it there.

Our Senior Legal Analyst Jeffrey Toobin for us.

Jeffrey, if we get a chance, let's talk again next hour.

TOOBIN: OK, Tony.

HARRIS: Thank you.

Let's give you a little more background now on Judge Sonia Sotomayor.

She was born June 25, 1954, graduated summa cum laude from Princeton University in 1976, and received her law degree from Yale Law School in 1979. Sotomayor was the first Puerto Rican woman to serve as a U.S. Circuit Court judge. She was nominated to the bench by President George H. W. Bush in 1991, she was elevated to the Appeals Court by Bill Clinton in 1998.

Judge Sotomayor would be the first Hispanic on the high court.

As we mentioned, Judge Sotomayor would be the first Hispanic to serve on the high court. Now for some perspective on that, let's bring in -- it's a big day.

All right, this is...

LUIS CARLOS VELEZ, ANCHOR, CNN EN ESPANOL: Isn't this beautiful?

HARRIS: What's your reaction, Luis?

VELEZ: Tony, this is great for all Hispanics here in the United States. This is the quintessential story of success of Hispanics in this nation.

This is a person that was born in the Bronx. Her family is from Puerto Rico. Very humble family. She lost her dad when she was only, like, 8 years old.

She's been fighting against (INAUDIBLE) for years. I mean, this is a beautiful story. HARRIS: Luis Carlos Velez joins us from CNN en Espanol.

Did the community you cover on a daily basis see this coming? And let me set it up this way -- you know, there was a lot of criticism of this president in the early days of his administration that he had not appointed enough Hispanics to his inner circle, to his cabinet. And then it seemed to me as though the criticism went away.

Was there a wink and a nod? Was there some conversation on deep, deep, deep background, where the administration says something like, hey, you know what? We're looking at one, two, maybe three picks to the Supreme Court?

VELEZ: This had to happen. This had to happen.

HARRIS: Because the criticism stopped, and I'm wondering, was there some kind of back-channel communication suggesting that this would happen?

VELEZ: Tony, this had to happen. And Hispanics in this country have been coming and coming and transforming this country.

You've got to see the papers here in the United States. You've got to see "The New York Times," for example, on Sundays.

You take it, you open, and on the first page, this is a changing country. I'm here speaking to you in English, I'm Colombian. We have CNN en Espanol. Now we have appointed to be part of the highest judiciary part in the United States.

I mean, this is coming and will keep on coming for years and years.

HARRIS: I want you to take a moment -- I don't often ask because we're not asked to do this, and we're often asked to shy away from this, but I'm going to ask it anyway. Personally, how do you feel about this day?

VELEZ: I feel great. I feel great.

I mean, we've been covering this story since very early in the morning on CNN en Espanol. And for us Hispanics, this is something very important.

The history of the United States is changing, and there is this misconception all over the place that we Hispanics are just labor workers, that we're -- in some sense, it's only Mexicans and only Puerto Ricans. We're a whole variety of people here in the United States. We're people coming from Peru, from Colombia, from Argentina, different backgrounds.

We're not equals, but we have the same language, the same virtues as the Americans. And we feel part of this country as well. We're building country with this kind of nominee.

HARRIS: Even more so a part of this country on a day like today? VELEZ: Yes, of course. History has changed from now on. And we'll see if this person is being confirmed by the Congress and she's part of the Supreme Court.

HARRIS: Luis, appreciate it.

Luis Carlos Velez of CNN en Espanol.

VELEZ: Thanks, Tony.

HARRIS: It's a big day. Thank you, sir.

Let's get you to Josh Levs now.

And Josh, I can't imagine we're not getting overrun with Internet reaction to this news this morning.

JOSH LEVS, CNN.COM CORRESPONDENT: Yes, we are. People are jumping on the Tony blog right now.

HARRIS: Oh, they are?

LEVS: Yes, they're all over the Tony blog. Let's zoom in. I want to see it.

You can't miss it, CNN.com/newsroom. That'll get you right there to this main question right here: What's your views about this selection?

Let me read you a few of these, Tony. You've got to see what people are saying.

Donny: "Liberals, and especially liberals from New York, have proven to be the nastiest and most close-minded people in this country. May God have mercy on this country as liberals take over."

Then you've got Steven: "At the moment, we have way too many -- to conservative judges on the court. Any candidate not so starchy would help to add some balance."

And I think this screen here is really going to show you the dynamic going on. Max writes he's somewhat disappointed. "She's too old and lacks the intellectual firepower that is now shortly needed."

But zoom down here. "This is the best choice Mr. Obama could have made." That's from Veronica.

Now, folks, if you're on one of the major social networking sites, we've got Twitter and Facebook going. Here's my page: Josh Levs CNN.

"It's great to see she's Hispanic." This is from Lamole. "But it's better to see that she is qualified and has a lot of experience being a judge."

And let's jump over to Facebook for a second. There's a page -- and here we go. "There needs to be another female and there needs to be Hispanic representation. Obama continues to display his brilliance."

I'll tell you this, Tony -- and we can show you your graphic here at the Tony blog. One of the things people are battling over is, should there be a lot of focus or not on her race -- on her ethnicity and her background? Or should it just be talking about her views? But as we were just hearing there, there is history in this selection.

So that's where you weigh in: CNN.com/newsroom. Click on Tony or Facebook or Twitter. We've got it all going. We're going to be back pretty often in the next couple of hours to show what you have to say.

HARRIS: And, of course, we can talk about her ethnicity and her judicial temperament.

LEVS: All of it. Talk about all of it.

HARRIS: We can talk about all of it, right?

LEVS: Yes, but they're just trying to weigh how relevant it is in the viewers' minds. It's interesting.

HARRIS: Nice discussion to have.

LEVS: Yes, great. Yes.

HARRIS: Josh, appreciate it. Thank you.

LEVS: Thanks, Tony.

HARRIS: The choice is Judge Sotomayor. So what now?

The Senate Judiciary Committee holds hearings and votes, then the full Senate votes. If approved, Sotomayor becomes the next associate justice. The House has no constitutional role in this process.

Hearings can be as short as a few days or drag on for weeks, months, in some cases. Well, particularly in the case of controversial nominees.

The committee hears from friends and opponents of the nominee. Questioning usually zeros in on controversial topics such as abortion and the death penalty.

In two hours, one group in California will be celebrating, the other will face disappointment. Counting down to the gay marriage ruling in the NEWSROOM.

(COMMERCIAL BREAK)

(WEATHER REPORT)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP) OBAMA: Over a distinguished career that spans three decades, Judge Sotomayor has worked at almost every level of our judicial system, providing her with a depth of experience and a breadth of perspective that will be invaluable as a Supreme Court justice. It's a measure of her qualities and qualifications that Judge Sotomayor was nominated to the U.S. District Court by a Republican president, George H. W. Bush, and promoted to the Federal Court of Appeals by a Democrat, Bill Clinton. Walking in the door, she would bring more experience on the bench and more varied experience on the bench than anyone currently serving on the United States Supreme Court had when they were appointed.

(END VIDEO CLIP)

HARRIS: President Barack Obama announcing the nomination of Judge Sonia Sotomayor for the U.S. Supreme Court. Sotomayor would be the first Hispanic to serve on the nation's highest court.

Judge Sotomayor has been through the nomination process twice before. So what can she expect this time?

Congressional Correspondent Brianna Keilar live from Capitol Hill with reaction to the president's choice.

And good to see you, Brianna. What are you hearing so far?

BRIANNA KEILAR, CNN CONGRESSIONAL CORRESPONDENT: Well, Tony, what you heard President Obama say, stressing some of the things that may give Sotomayor some bipartisan appeal, that's what we're hearing from Democrats like Patrick Leahy, the Democratic chairman of the Senate Judiciary Committee. We've also heard it from New York Democrat Chuck Schumer, saying that she is a moderate. All of them stressing that she has, yes, been confirmed twice before, before by the Senate.

But what we're hearing as a concern from Republicans, every single Republican that we're getting a statement from, in fact, Tony, is they want to make sure that Sotomayor will make her decisions based on law, not on personal views or opinions. And some sort of rendition of what I just said is appearing in almost every statement that we're getting.

For instance, Mitch McConnell, top Republican in the Senate, saying that Republicans will treat her fairly, 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." Same thing we're hearing from conservative Republican Tom Coburn of Oklahoma, Tony.

So, you can see the Republicans are warning against any appointment here of what they consider an activist judge -- Tony.

HARRIS: Yes. Yes.

Hey, Brianna, as you look at the congressional calendar, it is already stacked with heavy lifting, and now wedge in a Supreme Court confirmation hearing.

KEILAR: Yes. And not just heavy lifting, but heavy lifting on some of President Obama's top priorities -- energy and health care.

The expected timeline for legislation on those two things is late June, into July, before Congress leaves for its August recess. And President Obama, of course, wants Judge Sotomayor in place by October 1st for the new term of the Supreme Court.

Patrick Leahy, the top Democrat on the Senate Judiciary Committee, has said that's his timeline, as well. And that really puts these confirmation hearings at June, into July. And you can see all of these things going on together.

It is going to be very busy, Tony. I think I'll probably be seeing you every day here this summer.

HARRIS: And that's a good thing.

KEILAR: That's a good thing.

HARRIS: All right, Brianna. Appreciate it. Thank you.

It is decision day in California. In less than two hours, the state Supreme Court is expected to rule on Proposition 8, the ban on same-sex marriage. Eighteen thousand marriages are on the line, and depending on the outcome, the streets of San Francisco could be angry or jubilant.

Our Dan Simon is there.

And Dan, if you would, set the scene for us. And lay a bit of the groundwork for the decision we expect at 1:00 p.m. Eastern Time?

DAN SIMON, CNN CORRESPONDENT: That's right, 10:00 a.m. local time. That decision will be announced online, on the California Supreme Court Web site.

You can see behind me some people on both sides of this issue surrounding the California Supreme Court. Obviously, here in San Francisco, they will be outnumbered by gay rights advocates. Before the decision is announced, we're expecting hundreds of people here to line the California Supreme Court.

And Tony, according to legal observers, the Supreme Court is expected to validate Proposition 8. And that's based upon what we saw back in March, when justices took oral arguments on this issue.

The justices made comments and asked questions that seemed to indicate that they would be reluctant to overturn the will of the majority. And what we're talking about here is Proposition 8. It appeared on the ballot in November and was passed by a narrow majority of voters, 52 to 48 percent, back in November.

At the same time, the justices also have to decide what to do with the 18,000 or so same-sex couples who got married prior to the passage of Proposition 8. And back in that hearing in March, the justices seemed to indicate to validate those marriages. So the thinking is, is that Prop 8 will be intact, but the people who got married, they will still be married in the eyes of California law.

I want you to listen now to Judge Kenneth Starr. Everybody remembers Kenneth Starr during the Monica Lewinsky era during President Clinton, during the Whitewater investigation. And Kenneth Starr made the arguments on behalf of those favoring Prop 8. This is from March. Take a look.

(BEGIN VIDEO CLIP)

KENNETH STARR, PRO PROP 8: We want to restore the traditional definition that has been in place since this state was founded, and almost every other court in the country has agreed with the rationality of that. You may think it's bad policy, you may think it's unenlightened.

(END VIDEO CLIP)

SIMON: Well, that's exactly what the justices have to decide. Let's again talk about what Prop 8.

It was an initiative on the ballot, appeared in November. And what it did, it defined marriage between a man and a woman, narrowly passed by voters here by a 52 percent to 48 percent margin.

Tony, as you mentioned, a decision coming down in less than two hours. Back to you.

HARRIS: All right. And just to be really clear about this, Dan, the thinking of legal analysts is that the court will uphold the ban on same-sex marriages, but grandfather in, in effect, the marriages that have already taken place?

SIMON: That's correct. What we're thinking is that there will be sort of a split ruling on this, that Prop 8 will be validated. And, again, that was based upon comments that several justices made back in March. They didn't want to overturn the will of the majority here. So, again, we'll know here pretty shortly.

HARRIS: OK. Dam Simon for us.

Dan, appreciate it. Thank you.

Two more missile launches in North Korea. Is the country that desperate for attention or just testing President Obama?

(COMMERCIAL BREAK)

HARRIS: North Korea did it again. Its erratic leader, Kim Jong- Il, snubbed the international community again, this time by firing two short-range missiles, according to South Korean media reports. The move comes a day after North Korea says it tested a nuclear device.

The underground explosion has Washington and other world capitals scrambling to respond. The U.N. Security Council has condemned the test. It is moving forward on new sanctions today. Analysts say China and Russia, North Korean allies, are on board with the new sanctions.

So, live to Seoul now, and a few questions for CNN International correspondent Pauline Chiou.

Pauline, good to see you.

First of all, my apologies for being so blunt with this question, but what does North Korea want besides attention?

PAULINE CHIOU, CNN INTERNATIONAL CORRESPONDENT: Well, Tony, they want the rest of the world and their own people to say that Kim Jong- Il is indeed in power and he is a force to be reckoned with.

And Kim Jong-Il is really speaking to two different audiences. His own people. They have a lot of problems within the country. They have less economic aid than before. There are food shortages, so people in his own country are hungry. And he needs to reiterate his strength within the country. To say that I am in charge, a strong military is a strong government. And a lot of outside observers think that he's setting a succession plan for his youngest son.

And then the other audience, Tony, is the international audience. He's really thumbing his nose at the rest of the world and U.N. members saying that if North Korea wants to, they can develop their own nuclear weapons program - Tony.

HARRIS: Pauline, so the international community says, OK, you're strong, you're strong, you're Kim Jong-Il, you're the leader of North Korea, you're strong. If the people inside the country say you're the leader of the country and you're strong and that means we're strong as a people, does he stop with this? And the real question is, what would work? What would get North Korea to yield to the demands of the international community?

CHIOU: That's a very good question.

In the past, Kim Jong-Il, the supreme leader, has responded to carrots and sticks. And as I mentioned, his country is suffering with less economic aid and less food aid. So what he's done in the past is done a little bit of saber rattling, and what a lot of foreign policy analysts are calling brinksmanship. He will launch a nuclear test or launch a few missiles, as we've seen this week, to get the world's attention. And the problem is that there are differing opinions within the United Nations about what to do.

HARRIS: Yes. Yes.

CHIOU: Do you tighten the sanctions? Several countries say no, because the people of North Korea are already suffering. And Russia and China, who are North Korea's closest allies, do not want to tighten sanctions. In fact, they have in their best interests -- they want a quote unquote stable North Korea on their borders. The last thing they want are North Koreans flooding over their borders to try and escape. So China and Russia are trying to tell them...

HARRIS: Pauline, if I could -- just because I don't want to lose you. The window's going to close here soon. I just want to cut to the chase here, if I could.

Will North Korea - and we're trying to calibrate the real concern here. Will North Korea, any evidence to suggest they will sell nuclear material? Are they that desperate for money they might do that?

CHIOU: That is the fear. And that's why the U.N. Security Council wants to put the brakes on this, because they do need money. And North Korea has in the past sold missile technology. And a lot of experts are worried that, perhaps, in the future, there are other countries, like Iran, who might want to buy nuclear material from a North Korea.

So these are the very delicate issues that the U.N. Security Council is balancing and discussing right now - Tony.

HARRIS: Pauline Chiou for us. Pauline, appreciate it. Thank you.

A little history, North Korea's nuclear activities date back at least two decades.

1985, North Korea joins the Nuclear Nonproliferation Treaty after acknowledging it's nuclear reactor in YongPyong.

In 1994, amid suspicions it was developing nuclear weapons, North Korea agrees to stop the nuclear war. President Clinton eases sanctions, but weapons were continued in secret.

2002 now, President Bush brands North Korea part of the "Axis of Evil." Later that year, the North admits to a secret nuclear program after confronted with evidence from the United States.

2006, North Korea's first underground nuclear test followed by a promise to dismantle its nuclear program in 2007.

2008, six-party talks collapsed leading to this year's nuke test and missile launches.

President Obama selects a Hispanic woman as the next Supreme Court nominee. Our panel debates the pros and cons. That is next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

OBAMA: She has never forgotten where she began. Never lost touch with the community that supported her. What Sonia will bring to the court then, is not only the knowledge and experience acquired over a course of a brilliant legal career, but the wisdom accumulated from an aspiring life's journey.

(END VIDEO CLIP)

HARRIS: Federal Appeals Court Judge Sonia Sotomayor is President Obama's choice for the next Supreme Court justice. There was speculation the president might choose a Hispanic, and he has.

Joining us to talk about that and how conservatives might go after Sonia Sotomayor, senior political correspondent Candy Crowley. She's joining us live from Washington.

Candy, great to see you.

So many picks, so many options for the president here. Do we know what tipped the balance in favor of Judge Sotomayor? I guess I'm asking, what do we know about the president's deliberative process here?

CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT: Well, apparently, and certainly from our White House unit what we're learning is that hour-long meeting that the president had with his nominee really was the tipping balance. That there was a click. And so many of these nominations be it someone for a cabinet place or for the Supreme Court do depend on a personal dynamic, a kind of feel that a president gets.

And certainly, there are similarities in background here. Both of them, of course, growing up without a father. Sometimes your world view is shaped by things. Neither one of them had great means when they were growing up. The president has talked so much about the people who have been left out of the system and wanting to bring them in. Certainly, hers is a voice that at one point you would look at and say this is someone out of the system.

So I think there's a similarity there that might have attracted him in that one-hour meeting. Because, certainly, if you didn't need that, you could read her resume and go, wow, well, this person's qualified. Let's do this.

So I think it probably, as our White House unit is reporting, had to do with that one-hour meeting when he went, yes, this one feels right.

HARRIS: Yes, Candy, I'm going to ask a pretty straightforward one and then I'm going to ask a politically incorrect question, because that's part of what I do here. What

is it like to be at the center of, at the heart of the debate in the Senate over this nominee?

CROWLEY: Well, I think we are already seeing that in some of the press releases that we're getting from republicans on Capitol Hill. And that is, first of all, they kind of want to slow this. Because, obviously, on the day you nominate someone, it's a huge momentum. Oh, she's great, she's wonderful. The republican trying to stake out territory, saying, listen, it is our duty in the Senate, not just republicans, but democrats to look at this woman's record. And, obviously, one of the things we're seeing, the hesitation, if that's what it is, that we're seeing on Capitol Hill is, is, is she going to follow the rule of law, rather than her own personal beliefs or her own personal politics?

This is always -- can I tell you - this is a somewhat perennial question, depending on which side you're on. You always say, well, wait a minute, is this about your personal beliefs, or is this about the law? It's something that's almost always at the center of questions when it comes to Supreme Court nominees.

HARRIS: OK, you're part of the best political team on television, let me ask you a political question.

With this pick the president has secured a major legacy chip. Has the president locked up the Hispanic vote for democrats for the next 40 years, politically? Has he taken that voting bloc off the table for republicans?

CROWLEY: No, you never can do that. And you - certainly, this has been a voting bloc that is just now really forming into such a major one, but also forming politically. We know that former President George Bush did very well among Latinos in Texas and nationwide when he ran the first time.

So obviously, this is a source of huge pride in the Latino community. Obviously, this is something that they truly wanted as they wanted a cabinet member of Latino background.

So yes, it's a big plus. Certainly, you can look at those interior west, and say huge Hispanic vote out here. But I would never, having covered this for a very long time, take a voting bloc and say, oh, forever, this is going to happen.

HARRIS: All right. You're so good. Senior political correspondent Candy Crowley for us from Washington. Candy, appreciate it, as always. Thank you.

Judge Sotomayor is the true American story. It's quite a journey from a poor childhood in the Bronx to the United States Supreme Court. I want to bring in David Lat who edits the legal blog "Above the Law" from New York, and Professor Sherrilyn Ifill from Maryland Law School in Baltimore.

Sherrilyn, let me start with you. And David, good to see you again.

What do you think of this pick, Sherrilyn?

SHERRILYN IFILL, PROFESSOR, UNIVERSITY OF MARYLAND SCHOOL OF LAW: I think it's obviously an historic pick. And it's actually important for us to take a moment to, as you've already been doing, talk about the importance of this historic announcement by President Obama today. We know the political calculations are going to start rolling and already have started.

HARRIS: OK. Thank you. Thank you.

LAT: But it is a moment and we should pause and recognize.

And not just, by the way, for Latinos. In the same way the election of the first black president was not just an important moment for African-Americans, it was an important moment for this country. And the same way, the nomination of the first Latina Supreme Court justice is an important step and moment for the United States. The fact that she's also eminently qualified, been sitting on the Second Court of Appeals for sometime, a former federal trial judge, a former federal New York prosecutor, all of these things make her super- qualified.

But it's an important moment. We should recognize it, celebrate it, I know the political calculations have to come into it, and I'm sure I'll be part of making it, but it is important for us to pause and recognize this is another step for the United States, an important step for the United States into the future.

HARRIS: David, the tough questions will come, and maybe we'll get to a couple of them here. But overall, what's your thought on this announcement from the president?

DAVID LAT, FOUNDING EDITOR, ABOVE THE LAW.COM: I think I agree with a lot of Sherrilyn's assessments. I think that this is, at least politically, if we are going to focus on the calculations, a brilliant pick for the president. It's really a no-lose situation. He either gets to make history by placing the first Latino justice on the Supreme Court or, if the republicans fight the nominee and they prevail, he gains political points with the Hispanic community.

So it really is, in addition to a history-making nomination, a very smart move politically by the president, as well.

HARRIS: Hey, Sherrilyn, are you, in any way, disappointed in this pick from the standpoint - we've talked about this a couple of times, and you thought there should be maybe a wider field. More candidates considered. Is there anything in your thought process today that is in any way disappointed by the choice of the president has made?

LAT: You know, I have said this all along, that I think we need to add a state court judge, a former state court judge. I've talked about criminal defense attorneys. I think there's a wide range of skills. I have no doubt that those people who have those skills were on the president's short list. I think they were considered.

I do think if you heard the president's announcement today, he was very careful to talk about her background and the way in which she brings something to the court that's not present. And he wasn't talking about her being Latina. He talking about her having been a trial judge, and that that was particularly important. And he talked about her range of experience, which he described as being more varied than the experience of any justice currently sitting on the court when they were nominated. So I think it's clear that the president was actually being attentive to trying to fill in some of the blanks on the court, and not just in terms of gender and in terms of race. He's got, I think, he's going to have more picks, and I think he's got more opportunity to address some of the concerns that I and others have raised. But I think he did mean, with the selection of this particular candidate, to try and be attentive to some of the ways in which the court's experience could be expanded by adding someone with the kind of experience of Judge Sotomayor.

HARRIS: Sure. And David, last question to you. Would this pick, if confirmed, in any significant way change the ideological balance, in your view, of the court?

LAT: I don't think so. I think that Justice Souter is on the same page jurisprudentially as a Justice Sotomayor would be. So I don't think that, despite the history-making aspect of it, jurisprudentially, the court would change very much. Things might be different if, say, Justice Kennedy were stepping down, but I think that the court is going to remain fairly evenly balanced if Sotomayor is confirmed, which is looking very likely right now.

HARRIS: And David, you expect a tough confirmation fight?

LAT: I think people will ask tough questions of her. They will ask about her involvement in reaching the De Stefano, the New Haven firefighters affirmative action case. They will ask questions about some of her public statements, about appeals courts making policy. People will ask about some of the statements she's made concerning whether or not one's racial or gender background might affect your judicial decision making.

So there will be some tough questions. But I think in the end, the republicans don't have the votes to really stop this nomination.

HARRIS: Sherrilyn, last thoughts from you. What kind of a fight are you expecting?

IFILL: Well, I think there's going to be a fight, as David's described. But remember, this is a judge who received the approval of the Senate Judiciary Committee in 1998 when she went from the District Court to the Court of Appeals. She received the vote, the positive vote of Senator Strom Thurmon and Senator Orrin Hatch.

HARRIS: Yes.

IFILL: So she's already been through the process, and some people will have to try and explain why she was put through by republicans on that committee if they really had these concerns about her judicial decision making.

HARRIS: Sherrilyn Ifill, David Lat, thank you both so much. Appreciate it.

IFILL: Thank you.

HARRIS: Your money, your credit, we are watching the markets this morning. We're back in a moment.

You're in the CNN NEWSROOM.

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DAVID WEST, CNN IREPORTER: I got a letter in the mail today from Capital One about my credit card. I've had a fixed rate, about 10 percent. And today, they say they are bumping it up to almost 18. There's a note that says I can decline the changes, close the account and pay it off on the original terms, but I'm wondering if that's going to affect my credit score. I don't need the card for charges. It's got a balance. It's unfortunate that we had to put expenses on there, but we're in a situation now where it's not a concern that we need that line of credit.

What should we do?

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HARRIS: Yes, Dave West has great credit. He says he always pays on time and has held the Capital One card since 1997. Dave says he doesn't need it anymore. We're going to get some real answers for Dave's question here.

A new report shows that home prices stumbled in the first quarter by a record amount. It is bad news for the economy, but could create a buying opportunity for some. Stephanie Elam is at the New York Stock Exchange with details.

Good to see you, Miss Stephanie.

STEPHANIE ELAM, CNN BUSINESS CORRESPONDENT: Good to be here with you, Tony.

Yes, take a look at these home prices and they really did do a big drop here. More than 19 percent to the down side in the first quarter. And that's compared to a year ago. This marks the biggest drop on record. In fact, every single city showed an annual decline. As of March, average home prices stand where they were in 2002. So factor that in with cheap mortgages and that spurred some buying around the country. Those buyers mainly are first-timers who don't have to worry about selling a house before they buy a house.

Now despite all of this, it is still not enough to turn the housing market around. But on Wall Street, investors are paying closer attention to a separate report that shows Americans are more upbeat about the economy. Consumer confidence soared in May to its highest level in eight months. Shows that consumers have faith the labor market will indeed improve.

So with that, let's take a look at the numbers right now. We started the day in the red, but look at that. The Dow on the upside by 169 points. That consumer confidence - market like that - is up 8447 is where we stand right now. Nasdaq better by 3 percent at 1742. Hopefully, it will stay this way, Tony.

HARRIS: Wow, look at that. All right, Stephanie, good to see you. See you next hour.

ELAM: Sounds good.

HARRIS: Sometimes it's better to rent than buy. See if you can spend more money by renting. Here's what you do, you log onto CNNMoney.com.

We're back in a moment.

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HARRIS: And looking ahead to the next hour, a closer look at President Obama's Supreme Court pick judge, Sonia Sotomayor in her own words. You'll hear her entire statement.

Plus, we will focus on the economy and your money. Gerri Willis at "The Help Desk" for tips on refinancing. Remember, some deals really are too good to be true.

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