Sonia Sotomayer

[Rita]

................ But, the process in which the President appoints officials is cleary not based on "crudentials" ................

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With this part of your statement I would agree.

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[TooFarTampa]

The President mentioned "Empathy" as a deciding factory. Are you kidding me? Since when does empathy decide the rule of law? Typical modern liberalism and as a recovering lib myself this is all too visible these days. Its not your crudentials that matter anymore, its your color, your race and if you grew up an alleged victim of american enterprise. A Supreme Justice is to make decisions based on the constitution and legislative law-period. Not because they have sympathy for the defendant or because perhaps the justice comes from the same background. She may have great crudentials and frankly Ive only been able to find out a small amount about her. But, the process in which the President appoints officials is cleary not based on crudentials or the ability to perform on the basis of written law. The kids (obama admin) have taken over the school (white house) and we will continue to see this kind of stuff. Would anyone fill a job position this way, of course not. Do I need to get into other appointee's by the President? The President certainly isnt teaching the nation by example with these appointee's thats for sure. And the circus continues......

My understanding of his definition of "empathy" as it pertains to constitutional law and the Supreme Court, is the ability of a justice to not only interpret the the law, but have the ability to see how his or her decision affects real people once it is applied. It does not mean "oh, I feel sorry for you so I am going to rule this way." It just means having the vision to see how a decision may play out in real life.

 

[6thGen]

On second look she has been overturned more often than affirmed(3 of 5, with one affirmation drawing criticism but reaching the same end result), and will likely have Ricci overturned shortly. Noting the importance of diversity over quality last April, Scalia joked that “the next nominee to the Court will be a female Protestant Hispanic”. Looks like he nailed 2 of 3. There is a fight to be had, but this is one to keep the powder dry, esp given the damage the Tancredo wing has already done to the party with Hispanics.

 

[kkddbb]

i find nothing wrong w/ citing "empathy" as an additional qualification. Having a soul and regard for other people is a plus imo.

If it was the only qualification, then i would quibble, but i don't think someone who spent more than a decade as a constitutional law professor is taking a supreme court appointment lightly.

can you say "ginsberg"? Judging with empathy brings an unfair system followed by choas. Laws are laws and we must all obide by them or chaos follows. Judging with empathy will prove this to be true because not all cases will be the same. Law and order must prevail in the end. And it will be the left that yells louder once empathy is used against them rather than the law as it stands.

 

[goofer]

With the Meirs reference I meant it is a letdown to many on the left who expected someone more persuasive to balance Scalia, like Koh. There were also knocks on her intelligence by some on the left. I honestly could not care less about her personal story or personal journey when it comes to qualification on the Court. I'm sure her memoires will be swell though.

I suppose you would like robots interpreting the constitution. Life experiences matter immensely. I agree with you that her memoirs will be swell, too bad we have to wait 20 years to read them.

 

[Lynnie]

Is she Catholic? I can go along with empathy and life experience does matter. From life experience, the Justices take oaths to uphold/interpret the law and the law at the Supreme Court Justice level is probably more effective with emotions somewhat removed.

I believe Sotomayor will be able to find her stride with this.



Just got a blip of the news: Hon. Sotomayor believes she will do well since she is Hispanic??? When will people drop the race, ethnic and gender qualifiers and just be a human being who has worked hard, has a great record and reveres their respective occupations?

 

[LuciferSam]

Empathy is a form of intelligence. Of course it matters.

 

[scooterbug44]

What news are you watching? I didn't see that in either her remarks or the AP press stories.

She did make a comment about how life experiences etc. shape one's decisions and that her ethnicity and gender might affect a ruling, but didn't speculate as to what those issues might be.

I like her as a pick - experienced, qualified, and previously confirmed by the Senate 2x.

Please let her have paid her taxes! :roll:

 

[Mango]

Do not confuse empathy with sympathy. Empathy is the capacity to recognize another's reality. It doesn't imply that impartiality is negated. It doesn't trump reason, it informs reason. The Founding Fathers would not have been able to draft the Constitution without it.

Lady Justice's eyes are blindfolded because she is not to be swayed by outside influences; if there was to be no empathy, then instead of scales, her heart and head would be in her hands. If justice did not possess empathy, then we could just have computers interpreting the law.

 

[Rita]

Do not confuse empathy with sympathy. Empathy is the capacity to recognize another's reality. It doesn't imply that impartiality is negated. It doesn't trump reason, it informs reason. The Founding Fathers would not have been able to draft the Constitution without it.

Lady Justice's eyes are blindfolded because she is not to be swayed by outside influences; if there was to be no empathy, then instead of scales, her heart and head would be in her hands. If justice did not possess empathy, then we could just have computers interpreting the law.

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Very well put!

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