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Who Will Replace Souter? Today’s News: Obama Narrows Choices, Wants Empathy

Posted May 13, 2009 4:18 PM CST
By Martha Neil

CNN: "Sources: High court selection process down to finalists"

Associated Press: “Possible SupCo Nominee in the Spotlight at Hearing”

Atlanta Journal-Constitution: "Chief Justice Sears to join Chicago law firm"

Los Angeles Times: "Americans not concerned with diversity on Supreme Court, poll shows"

Washington Post: “Obama Makes Empathy a Requirement for Court”

Slate: "Once More, Without Feeling"

Comments

1.

B. McLeod
May 13, 2009 4:37 PM CST

When I first saw the mention of the “empathy” criteria, I thought they might have to reduce each side’s argument time by five minutes, so the new appointee can come down and do the Vulcan mind-meld on each counsel participating in the argument.  Then I read the Post story, and realized the President apparently means he wants a Justice who will disregard applicable law and rule based on their personal perceptions of fairness.  I think the President is wrong, and that this is not part of the job description of a Justice of the Supreme Court.  I hope the Senate will decline to confirm anybody who indicates an intention to rule on such a basis.

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2.

T.R.
May 15, 2009 10:07 AM CST

The idea of “empathy” is rather abstract with many varying meanings.  And, I think in this context many in the media have zeroed in on it and created a monster.  There have also been many columnists/bloggers who entertain the notion that the president’s nominee should be someone other than a life-long federal judge—someone with more “real world” experience.  Such a nominee could also be said to have “empathy” for non-Justice-type parties who would then come before the court.  In my opinion, this all semantics over substance.

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