How can you ignore empathy in judicial decision making?

Saturday, May 2nd, 2009

President Obama commented yesterday on qualities he will look for in a Supreme Court justice to replace the retiring Justice David Souter. The President said, “I view that quality of empathy, of understanding and identifying with people’s hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes.”  Senator Orrin Hatch commented that empathy is not the law. Presumably, to him, empathy is not a relevant factor in interpreting the law. The public and the media that…