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

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