Wednesday, April 14, 2010

The Empathy Court

Jonah Goldberg on the Obama's empathy standard for the Supreme Court. (As if empathy could be standardized.)
For instance, liberals who like Stevens' rulings insist he understands the plight of the downtrodden, despite the fact that the nearly 90-year-old justice was born rich and has served on the court for almost 35 years, becoming more liberal as he has become more distant from life as lived by the little guys.

Meanwhile, Clarence Thomas was born dirt poor and black in rural Georgia and spends his vacations exploring America in an RV. But those same liberals insist he doesn't understand poverty and race the way Stevens does. How do they know? Because they don't like his rulings.

1 Comments:

Blogger /mr said...

Ah, the Doughy Pantload belches out another column....except..

"Conservatives have repeatedly expressed support for empathy in judicial nominees

Conservative leaders cite Thomas' personal experience, empathy. Conservatives including President George H.W. Bush, Sen. Kit Bond (R-MO), and former Bush administration lawyer John Yoo touted Thomas' "empathy," "compassion," and personal experience as qualifications:

Bush cited Thomas' "great empathy." Bush cited Thomas' "great empathy" in his remarks announcing he was nominating Thomas to serve on the Supreme Court.
Bond cited Thomas' "compassion and understanding." Bond similarly stated: "Though his skills as a lawyer and a judge are obvious, they are not, in my view, the only reason that this committee should vote to approve Judge Thomas's nomination. Just as important is his compassion and understanding of the impact that the Supreme Court has on the lives of average Americans."
Yoo touted the unique perspective that he said Thomas brings to the bench. In his review of Thomas' 2007 memoir, My Grandfather's Son (HarperCollins), Yoo touted the unique perspective that he said Thomas brings to the bench. Yoo wrote that Thomas "is a black man with a much greater range of personal experience than most of the upper-class liberals who take potshots at him" and argued that Thomas' work on the court has been influenced by his understanding of the less fortunate acquired through personal experience.
Several Republican senators have cited compassion as a qualification for judicial confirmation. Several former Republican senators, including Strom Thurmond (SC), Al D'Amato (NY), and Mike DeWine (OH), cited compassion as a qualification for judicial confirmation:

Thurmond repeatedly highlighted importance of "compassion" in Supreme Court justices. During the confirmation hearings for Justice Ruth Bader Ginsburg, Thurmond stated that "compassion" was one of the "special qualifications I believe an individual should possess to serve on the Supreme Court," adding that "[w]hile a nominee must be firm in his or her decisions, they should show mercy when appropriate." Similarly, during the confirmation hearings for Justice Stephen Breyer, Thurmond said "compassion" was among "the special criteria which I believe an individual must possess to serve on the Supreme Court."
D'Amato cited Sotomayor's "compassion" in supporting her nomination as an appellate court judge. During a 1997 Senate Judiciary Committee hearing on the confirmation of several judicial nominations, D'Amato stated: "I predicted to this committee, almost five years ago, that Judge Sotomayor would be an exemplary, outstanding justice. She has demonstrated that, repeatedly. She has shown compassion, wisdom, one of the great intellects on the court."
DeWine wanted Roberts to "bring to the court your compassion." During Chief Justice John Roberts' confirmation hearing, DeWine stated: "We need you to bring to the court your compassion and your understanding for the lives of others who haven't been as successful as you have been." DeWine continued: "We need you to bring to the court your strong commitment to equal justice for all. And we need you to always remember that your decisions will make a real difference in the lives of real people.""

April 14, 2010 at 4:20 PM 

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