A few of the Republicans did ask Sonia Sotomayor about abortion during her Senate confirmation hearings.
But it's clear that she won't give her personal viewpoint. But which nominee ever has?
When asked, she said that President Obama never asked her about her personal views on abortion rights.
"I was asked no question by anyone including the president about my views on any specific legal issue," she said.
So it looks like there's been no "litmus test."
Sen. John Cornyn, a Republican from Texas, brought up quotes from George Pavia, a partner at the law firm where Sotomayor worked before becoming a federal judge in 1992. Pavia told the Washington Post that Sotomayor was an abortion-rights advocate.
She said didn't know what he based that on.
"I know for a fact I never spoke to him about my views on abortion nor my views on any social issues," Sotomayor said.
Sen. Tom Coburn, a Republican doctor from Oklahoma, tried to get her to answer questions about how technology would impact Roe vs. Wade and also hypothetical questions under what circumstances should a woman be allowed to abort a 38-week fetus with spina bifida.
"I can't answer that in the abstract," Sotomayor said. "The question as it would it come before me wouldn't be in the way that you form it as a citizen, it would come to me as a judge."
She clearly avoided giving anything to indicate her personal viewpoint and the hypothetical posed by Coburn.
"I probably couldn't opine because I'm sure that situation might well arise before the court," Sotomayor said.
Sotomayor also served for 12 years on the board of a civil rights
organization called the Puerto Rican Legal Defense and Education Fund.
On Tuesday, Sen. Lindsey Graham, a Republican from South Carolina,
asked her if she was aware of that group's briefs filed with the
Supreme Court which made the argument that to deny taxpayer-funded
abortions to low-income women was a form of slavery.
According to a fact-check by the Associated Press, there is no direct
connection to slavery in the briefs. But there is one in another
Sotomayor said she "never reviewed" and "wasn't aware of what was said" in the abortion briefs.
But a story in the New York Times, cited several former PRLDEF board
members that said Sotomayor was involved in policy issues like police
brutality, the death penalty and voting rights.
The fundamental question is how involved was Sotomayor on these briefs.
It's not entirely clear and we likely won't hear her personal views on
I was initially concerned when I heard about her ruling against an
abortion rights group that supported providing federal funding to groups
that provide abortions overseas.
But she did answer in Tuesday's hearing that she considers abortion
rights a settled precedent and that there is a constitutional right to
We know that she is Latina and was raised Catholic. But that doesn't tell us what her personal viewpoints are.
I'm Latina and was raised Catholic. And I support a woman's right to choice.
After listening to Sotomayor for three days now, I feel completely
confident that she is guided by the law as it stands. I can't imagine
that she would work to overturn Roe vs. Wade.