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

B52cfb2fbffd17fc339324ef1be6e9ba
November 30, 2023 |
Article
We knew the answer as soon as the question was raised.   ...
1ce3ca179a9060da8981e96a4c9f9060
November 16, 2023 |
Article
There’s a tendency in politics to ascribe success and failure to one thing when it’s really more complicated. ...
0b026a6ea264649e04ec3a60750ff8df
November 09, 2023 |
Article
As Democrats savor their victories in Tuesday’s Ohio abortion referendum, Kentucky governor’s race and Virginia and New Jersey legislative contests, they might be tempted to ignore the implications of a Nov. 3 New York Times/Siena College poll that shows ...
2d592eed51d6f6af4bb64149e99513bb
November 02, 2023 |
Article
The behavior of the front-running Democratic and Republican presidential campaigns is perplexing.  ...
Button karlsbooks
Button readinglist
Button nextapperance