Texas Sen. Hutchison explains no vote on Sotomayor

McALLEN, Texas — U.S. Sen. Kay Bailey Hutchison of Texas explained to a ballroom of Hispanic small business owners Friday that she would not vote to confirm the country’s first Hispanic Supreme Court justice next week out of concern for protecting gun ownership rights.

The National Rifle Association has dubbed Supreme Court nominee Sonia Sotomayor “hostile” to the Second Amendment right to keep and bear arms.

Hutchison’s explanation that she could not approve anyone for the federal bench who left any doubt about their absolute support for the right to bear arms earned a smattering of applause during her speech to the Texas Association of Mexican-American Chambers of Commerce annual convention.

The tepid response was eclipsed when Hutchison noted that 30 percent of nominees she had submitted for federal judgeships were Hispanic.

The rest of her speech touched on key small business issues: low taxes and affordable health care options.

At least once, Hutchison began a sentence with “If I’m elected governor,” and directly criticized Gov. Rick Perry for his decision to not accept $555 million in federal stimulus money for the state’s unemployment fund. Hutchison said it was a “mistake” and that the money could have offset an unemployment tax increase.

Hutchison announced Wednesday that she would leave her Senate seat this fall to campaign full time for governor. She has said she will formally announce her candidacy in August. The Republican primary, in which she would face Perry, is in March.

Marianne Martinez, of Austin, said she supports Sotomayor, but was not upset by Hutchison’s decision not to vote for her confirmation.

“That’s her decision,” said Martinez, who had asked the senator for an autograph and posed for a photograph before the speech.

Alex Jimenez, chairman of TAMACC, said Hutchison’s chances of attracting Hispanic votes in the gubernatorial contest will largely depend on how far she moves to the right to win what is expected to be a bruising primary with Perry.

“They’ll be giving Democrats the best chance they’ve had in awhile,” if they move hard right, especially if they spout anti-immigrant rhetoric, he said. TAMACC wants “people who are more balanced, more moderate.”

Sotomayor is expected to be confirmed by the full Senate next week. Texas’ junior senator, John Cornyn, voted against Sotomayor on the Senate Judiciary Committee earlier this week.