Judge Sotomayor’s response to the Senate questionnaire presents some puzzles.

Question 26.b asks whether anyone involved in the selection process “ever discussed with you any currently pending or specific case, legal issue, or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning your position on such case, issue, or question.”  It also asks that Sotomayor identify each communication with anyone in the White House “referring or relating to your views on any case, issue, or subject that could come before the Supreme Court.” 

Sotomayor’s answer to question 26.b is “No.”  But if, as reported, President Obama sought and received assurances that Sotomayor is pro-Roe, it would seem that the answer should be yes.  White House spokesman Robert Gibbs says that Obama “was careful not to … ask specifically how one might rule … in a case that could come before the Supreme Court,” but the scope of question 26.b is far broader than specific inquiries. 

Perhaps Obama and Sotomayor did a very clever wink-wink routine.  But I’ll again suggest that, consistent with Obama’s stated commitment to transparency, the White House ought to make publicly available any record (including any audio recording) of Obama’s interview with Sotomayor so that the American people can know just what commitments and assurances he extracted or received.

Question 26.c asks Sotomayor to describe “any representations” “made by the White House or individuals acting on behalf of the White House” “to any individuals or interest groups as to how you might rule as a Justice.”  Sotomayor’s response indicates that she is not aware of any such representations.  But it’s been reported that the White House has “deliver[ed] strong but vague assurances” to abortion groups that Sotomayor is pro-Roe.  Does Sotomayor really not know of those reports?  Or does she somehow regard them as beyond the scope of the question?