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I Don't Know If Anybody Has Talked To Her - White House Press Briefing by Robert Gibbs 5/29/09
— Friday, May 29, 2009 —
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Q Can I ask you, on the Sotomayor nomination, has the White House or anyone here had a chance to talk to her about that 2001 Berkeley speech to see if she might have wished she chose different words or meant to say something other than what she said?

And on a related note, do you know if she has any personal reaction to people throwing words around like "racist" or apparently today Rush Limbaugh compared her to David Duke? Is it difficult for her, given her background, to hear those type of things or does she just sort of slough it off?

MR. GIBBS: Well, I don't know if anybody has talked to her specifically about that comment. I don't think you have to be the nominee to --

(Cell phone interruption.)

MR. GIBBS: That's helpful. (Laughter.)

Q Sorry.

MR. GIBBS: I don't think you have to be the nominee to find what was said today offensive. And I think maybe the best example of that, Josh, is to look at any number of conservative and Republican leaders who over the past 24 hours have specifically addressed the comments of people like Newt Gingrich and Rush Limbaugh. It's sort of hard to completely quantify the outrage I think almost anybody would feel at the notion that you're being compared to somebody who used to be a member of the Ku Klux Klan. It's amazing.

On the other question, obviously folks have -- she's been here, she's made calls. Look, I think that -- I've not talked specifically with her about this, but I think she'd say that her word choice in 2001 was poor; that she was simply making the point that personal experiences are relevant to the process of judging; that your personal experiences make you -- have a tendency to make you more aware of certain facts in certain cases; that your experiences impact your understanding -- I think we all agree with that; and that on a court that's collegial, that it can help others that are trying to wrestle with the facts of those cases.

And, I mean, look, there have been allusions to this in the media over the past few days. I mean, if you look at -- let me read some quotes from current and recent justices, or in this case, both. Justice Alito, during his confirmation hearing, referenced his heritage. He said that, "When a case comes before me involving someone" -- and there's some ellipses in here, but -- "someone who is an immigrant, I can't help but think of my own ancestors because it wasn't long ago when they were in that position."

Or he later says -- this is not paraphrased -- "You know this could be your grandfather, this could be your grandmother. They were not citizens at one time and they were people who came to this country." More recently --

Q Obama voted against Alito.

MR. GIBBS: I understand. I hope that doesn't preclude me from being able to quote him.

Q Well, I mean, it adds a little context.

MR. GIBBS: Well, he wasn't here for Justice Ginsburg -- wasn't here to vote on Justice Ginsburg, but Justice Ginsburg just recently said, I think quite clearly, in a case involving the strip search of a 13-year-old girl, that -- that she said that some justices seem to ignore the humiliation that might be involved because "they've never been a 13-year-old girl. It's a very sensitive age for a girl. I don't think that my colleagues, some of them, quite understood."

So I think that's what Justice Sotomayor was talking about.

Q But Robert, those both seem to talk about identity with a certain circumstance, where the 2001 speech said because of her experience she would come to a better conclusion, which to some people --

MR. GIBBS: Well, that's why, Major, I started this by saying I think if she had the speech to do all over again, I think she'd change that word.

Q How do you know that?

MR. GIBBS: In discussions with people. Thanks, guys.

Q Discussions with who?

Q What's your people?

MR. GIBBS: People who have talked to her.

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