Sonia Sotomayor confirmation to the appeals court would put Sotomayor in a better position for a possible Supreme Court nomination (despite there being no vacancy at the time nor any indication the Clinton administration was considering nominating her or any Hispanic). Therefore, the Republican majority decided to slow her confirmation. Radio commentator Rush Limbaugh weighed in that Sotomayor was an ultraliberal who was on a "rocket ship" to the highest court. During her September 1997 hearing before the Senate Judiciary Committee, Sotomayor parried strong questioning from some Republican members about mandatory sentencing, gay rights, and her level of respect for Supreme Court
Sonia Sotomayor attributed that anonymous tactic to GOP reticence about publicly opposing a female Hispanic nominee. The prior month, Leahy had triggered a procedural delay in the confirmation of fellow Second Circuit nominee Chester J. Straub—who, although advanced by Clinton and supported by Senator Moynihan, was considered much more acceptable by Republicans—in an unsuccessful effort to force earlier consideration of the Sotomayor confirmation. During 1998, several Hispanic organizations organized a petition drive in New York State, generating hundreds of signatures from New Yorkers to try to convince New York Republican senator Al D'Amato to push the Senate leadership to bring Sotomayor's nomination