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 if some states decided not to impose an insurance requirement that the federal government would be without power to legislate and require every individual to buy car insurance?" For Toobin, this distinction drawn by Sotomayor was the heart of the argument for the case in which she was part of the prevailing majority opinion. In another high-profile June 2012 decision at the end of her third term, Sotomayor was part of a 5–3 majority in "Arizona v. United States" that struck down several aspects of the Arizona SB 1070 anti-illegal immigration law. The "Arizona" case was decided as a compromise