As
the nation begins to examine President Obama’s first nominee for the Supreme
Court, an examination of his stated criteria in selecting a judge is
important. Obama has stated that an
important concern for him when considering a judicial nominee is that person’s
capacity for “empathy.” There is grave
concern that “empathy” is merely Barack Obama’s code word for liberal
activism. Several conservative commentators
have examined the “empathy” standard and what it means for the Constitution and
our liberty. Here’s a sampling:
Thomas
Sowell, “Sotomayor:
‘Empathy’ in Action”
You might think that this was some kind of
popularity contest, instead of a weighty decision about someone whose impact on
the fundamental law of the nation will extend for decades after Barack Obama
has come and gone.
…
For those who believe in the rule of law,
Barack Obama used the words "rule of law" in introducing his nominee.
For those who take his words as gospel, even when his own actions are directly
the opposite of his words, that may be enough to let him put this dangerous
woman on the Supreme Court.
Even if her confirmation cannot be stopped,
it is important for Senators to warn of the dangers, which will only get worse
if such nominations sail through the Senate smoothly.
Rich
Lowry, “A
Bad Day for Impartiality: Obama Uses Empathy as a Code Word for Judicial Liberalism”
Impartiality has been supplanted by
empathy. The old-fashioned virtue of objectivity — redolent of dusty law books
and the unromantic task of parsing the law and facts — is giving way to an
inherently politicized notion of judging based on feelings. Lady Justice is to
slip her blindfold and let her decisions be influenced by her life experiences
and personal predilections.
Jonah
Goldberg, “Empathy
vs. Impartiality: When they Conflict, the Supreme Court must Choose the Latter”
But Obama has something specific in mind
when he talks about empathy. He wants the justice’s oath to in effect be
rewritten. Judges must administer justice with respect to persons, they must be
partial to the poor, and so on.