The third day of questions begins with Sen. Jon Kyl (R., Ariz.), whose patience seems to be thinning. He asks about the precedent in the New Haven firefighter case, pointing out that the Supreme Court’s majority contended that there was little precedent, while she argues her decision was bound by precedent.
He asks whether it is “typical” for judges to offer decisions to complicated cases with one paragraph, a reference to her decision in the firefighter case.
Sotomayor replies, “I don’t know how you define typical, senator.”