Articles

'Empathy' Is Code for Judicial Activism

May 27, 2009

Both President Barack Obama and Republicans get something they want from the Supreme Court nomination of Sonia Sotomayor.

Mr. Obama said he wanted to replace Justice David Souter with someone who had "empathy" and who'd temper the court's decisions with a concern for the downtrodden, the powerless and the voiceless.

"Empathy" is the latest code word for liberal activism, for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn't pass the legislative branch or, if it did, would generate voter backlash.

There is a certain irony in a president who routinely praises America's commitment to "the rule of law" but who picks Supreme Court nominees for their readiness to discard the rule of law whenever emotion moves them.

FULL ARTICLE: http://online.wsj.com/article/SB124347199490860831.html

Related Article

4cef5f0e9ca9889e328da780a78d0636
September 11, 2025 |
Article
Mike Rogers seeks to win the party a seat for the first time since 1994. ...
Be15b4038d4dab2059531b1d02ccdf06
September 04, 2025 |
Article
Independent voters, the economy, and candidate quality will all be crucial factors. ...
5e3bd78b14b679466ed307cc9c8fdb19
August 28, 2025 |
Article
My wife, Karen, and I hosted dinner at our Austin home for 42 guests on Aug. 20. As they greeted each other with hugs and handshakes, there was sadness and weariness in the room—a mixture of anxiety and hope. ...
362a198591bf5b2ec40881c4dd3eb381
August 21, 2025 |
Article
So much about Ukraine seems in flux since President Trump landed in Alaska Friday. It’s been nonstop action with a growing cast of world leaders jumping in. ...
Button karlsbooks
Button readinglist
Button nextapperance