“…not her ‘intent’…”
she “doesn’t standby the ‘understanding’ of that statement…”
…repeated her statements on multiple occasions…
“…a rhetorical flourish that fell flat…”
“…it left an impression that I believe that life experiences commanded a result in a case…”
This is really very simple. Her intent does not matter. If she created an impression that her beliefs affected her impartiality, then she has failed as a judge, because she has contributed to a mistrust of the legal system. If she could not see that the first time she made the remark, and she continued to make the remark, then she is not the ‘wise latina woman’ she holds out in her remarks as an object of aspiration. As for the “rhetorical flourish” that fell flat, she is either extraordinarily inarticulate for someone in her position, or she said something that she believes, more than once, and is now offering a fanciful explanation in the attempt to give the Senators willing to promote her the necessary political cover to not look as if they endorse gross incompetence. Either way, she should not be confirmed, but since the Congress has abdicated its responsibilities on everything else, I don’t expect them to do the right thing now, so I fully contemplate referring to her as “Ms. Justice Sotomayor” very soon.