Home -> Law Blog Directory -> Litigation Blogs -> The Gavel
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Litigation
: The Gavel?Empathy? Gone from Obama?s Supreme Court Search?
By Peter Hardin
President Barack Obama is choosing not to talk about “empathy” as he selects his second nominee for the Supreme Court. Instead, he now seeks someone with “a keen understanding of how the law affects the daily lives of the American people.”
The change in language is so notable that two leading national newspapers examined it, and the implications, in articles Monday. Obama’s change in wording is much “more than semantic,” a New York Times article remarked:
“At the heart of the debate over Mr. Obama?s vision for the Supreme Court are sharply contrasting views about the role of a judge. The president emphasizes that while adhering to the rule of law, judges should also be able to see life through the eyes of those who come before the bench. His critics call that a prescription for twisting decisions to reach a desired outcome rather than the one mandated by the letter of the law.”
When then-Judge Sonia Sotomayor faced a confirmation hearing, she disavowed use of the word “empathy,” commenting that “judges can?t rely on what?s in their heart.” And appeals court nominee Albert Diaz told senators that empathy does not have a role “as part of the ultimate decision-making process.”
Although Obama named empathy as an important criterion in selecting his first Supreme Court nominee, he has avoided using it this round. His newly phrased criterion hasn’t satisfied all critics; “?I?m not sure it?s much different,? said Sen. Jeff Sessions, the senior Republican on the Senate Judiciary Committee.
A Washington Post article focused more on Obama’s statement that like retiring Justice John Paul Stevens, a new justice should be one who “knows that in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens.”
Liberal advocacy groups support that idea. Yet it is unclear whether potential candidates on Obama’s shortest list meet that rhetoric, the Post suggested. Observed Christopher Eisgruber, provost of Princeton University, “”I can’t square this circle right now, based on the criteria he has listed.”
An alternative view came from John Payton, president of the NAACP Legal Defense and Education Fund. The president’s remarks can be interpreted, Payton said, that he seeks an individual who would show a measure of deference to “the legislative branch’s prerogative in making laws that they think are for the benefit of the country.”
Other new articles and commentary about the nominations process include Tony Mauro’s report in National Law Journal entitled “Pushing for a nonjudge on the high court,” and an Associated Press profile of White House Counsel Bob Bauer, headlined “Obama’s Supreme Court point man lowkey but tough.” You can check out Gavel Grab for further and commentary.
Full post as published by The Gavel on April 26, 2010 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Is Obama a Natural Born Citien?
Philip J. Berg, Esquire vs. Barack Hussein Obama, a/k/a Barry Soetoro, a/k/a Barry Obama, a/k/a Barack Dunham, a/k/a Barry Dunham, et al
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Strip Search Class Action Settled for $900,000
Strip Search Class Action Settled for $900,000
Strip-Search Lawsuit Settled for $1.1 Million
Strip-Search Lawsuit Settled for $1.1 Million
Ebay Fined
French Court Sets Fine at $61 Million
Personal Injury
Appeals Court Upholds Congressional Legislation
Canadian Government
seeks new law enabling them to search your laptop
Two Kentucky Counties
settle strip search class action lawsuits

Is Empathy a Code Word for Judicial Liberalism
Law Professor Bandes Speaks to Value of "Empathy" for All Judges
Next Supreme Court Justice Should Have Empathy, not Sympathy
Legal Ambiguity, Empathy, and the Role of Judicial Power:
The Supreme Court and Capital Punishment: "Arbitrary and Capricious"
Empathy and Constitutional Law









