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"Empathy"
Journal
Written by holmegm   
Wednesday, 27 May 2009 10:47

Deuteronomy 1:17:

Ye shall not respect persons in judgment; but ye shall hear the small as well as the great;

 

Oath taken by Supreme Court Justices:

“I, (name), do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (title) under the Constitution and laws of the United States. So help me God.”

 

Obama:

" ... we need somebody who’s got the heart — the empathy — to recognize what it’s like to be a young teenage mom. The empathy to understand what it’s like to be poor or African-American or gay or disabled or old — and that’s the criteria by which I’ll be selecting my judges.

Comments
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grizzly   |2009-05-27 14:15:36
So, is he looking for impartial judges, or those that exhibit partiality towards the poor, and against the rich?
WebbedFeetOfClay   |2009-05-27 15:19:10
empathy doesn't require partiality. For that matter, being empathetic toward the disenfranchised doesn't preclude empathy toward the enfranchised. Any legal ruling takes real-world impact into account. The concern Obama and sotomayor have expressed If I understand+remember correctly is making sure that judges have that empathetic quality is so that they can "do equal right to the poor and to the rich", believing that everyone should be level before the law, in their estimation requires an active countering of the biases and inequalities already in play.

not necessarily saying I agree whole hog (but then again I don't really care much for "law" as more than practical poking about.)
Jim  - Hmmm   |2009-05-27 17:42:19
I seem to remember Bush speaking highly of Clarence Thomas' empathy during his confirmation....
Entity   |2009-05-28 09:01:22
He also said that Clarence Thomas had a great sense of humor, but he didn't imply that either empathy nor humor should be use in the performance of his duties.
WebbedFeetOfClay   |2009-05-28 10:26:46
well, "character" is part of qualification. Though I will say on all those points thomas fails and is probably the worst jurist sitting on the court right now. I look forward to the day he retires.
Entity   |2009-05-28 10:29:35
You're obviously racist.

(OK, so I don't think you really are, but I'm sure conservatives who criticize Sotomayer's character will hear that response.)
WebbedFeetOfClay   |2009-05-28 10:57:50
well, some of them should have CT's appointment presented to them if they want to throw about the popular trope of chosing a jurist based on experience/qualifiacation rather than race.

should make sure to clarify, while I'm not particularly conservative constitutionally, that's not my problem with thomas, I actually have quite a lot of respect for Scalia. Thomas is a hack with inconsistent legal philosophy at best who has so many axes to grind it is leaps and bounds from being funny (it doesn't help his case that I've met Anita Hill and she is an incredibly warm, wonderful, and down-right impressive person.)
holmegm  - re:   |2009-05-28 13:46:58
WebbedFeetOfClay wrote:
well, "character" is part of qualification. Though I will say on all those points thomas fails and is probably the worst jurist sitting on the court right now. I look forward to the day he retires.


Huh?

He writes intelligent, well argued legal opinions. Based on actual law, not "empathy".
WebbedFeetOfClay   |2009-06-01 17:48:19
don't take back most of it. He does seem, in checking my info, more consistent than it had seemed to me. I still dislike his legal philosophy, I still question his legal reasoning, I still have serious doubts about his character and some of the entanglements that are part of that. I still think the court would be better without him. ( I also realize that I really don't have strong feelings about most of the sitting justices.)
emperorbma   |2009-05-28 08:56:13
Actually, not to nitpick as the current quote is correct, but I think this quote says it even more directly:

Quote:
Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly. (Leviticus 19:15)
Entity   |2009-05-28 10:31:24
Two of the headlines above combine rather interestingly:

As Mexico's Catholics look elsewhere, evangelicals gain
"Empathy"
OrionBlastar  - What I want to see   |2009-05-31 23:11:06
is a judge that follows and enforces the US Constitution. Empathy doesn't mean anything to me legalwise, but Justice does. I don't think a judge should legislate from the bench using their emotions but instead follow the law and US Constitution for Justice.

Empathy should be used for mercy to temper the justice with to make sure it isn't too harsh.
PinocchiosFurniture  - re:   |2009-05-31 23:39:46
Entity wrote:
He also said that Clarence Thomas had a great sense of humor, but he didn't imply that either empathy nor humor should be use in the performance of his duties.


Well, Thomas did say he was only 'joking' when he sexually harrassed Anita Hill about his pubic hair on her can of Coca Cola...Doesn't THAT count as "humor" and "empathy"?
laika   |2009-06-01 00:07:09
PF wrote:
Well, Thomas did say he was only 'joking' when he sexually harrassed Anita Hill...


good point :-)

there's humor and empathy aplenty to be found among the current Supremes: Judge Alito (to name one) made statements of empathy about his Italian-American heritage and there was no uproar. sounded quite similar to Sotomayer, as a matter of fact. one supposes that showing one's street cred is the way of it now.
PinocchiosFurniture  - Empathy: Definition   |2009-05-31 23:43:02
http://en.wiktionary.org/wiki/empathy

"The ability to understand another's point of view".

If one cannot put themselves into another's shoes, or understand their point of view, they have no ability to rightly 'judge' nor can there be any 'justice'.

Either for the rich or the poor...
CoffeeZombie   |2009-06-01 09:35:05
Yes, we all know the technical definition of empathy. Unfortunately, the concern is that those who are using the word don't mean what everyone else means by it.
laika  - Another Recent Supreme Empathizer   |2009-06-01 20:24:32
gasp!

Quote:
ALITO: I don't come from an affluent background or a privileged background. My parents were both quite poor when they were growing up.

And I know about their experiences and I didn't experience those things. I don't take credit for anything that they did or anything that they overcame.

But I think that children learn a lot from their parents and they learn from what the parents say. But I think they learn a lot more from what the parents do and from what they take from the stories of their parents lives.

And that's why I went into that in my opening statement. Because when a case comes before me involving, let's say, someone who is an immigrant -- and we get an awful lot of immigration cases and naturalization cases -- I can't help but think of my own ancestors, because it wasn't that long ago when they were in that position.

And so it's my job to apply the law. It's not my job to change the law or to bend the law to achieve any result.

But when I look at those cases, I have to say to myself, and I do say to myself, "You know, this could be your grandfather, this could be your grandmother. They were not citizens at one time, and they were people who came to this country."

When I have cases involving children, I can't help but think of my own children and think about my children being treated in the way that children may be treated in the case that's before me.

And that goes down the line. When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account. When I have a case involving someone who's been subjected to discrimination because of disability, I have to think of people who I've known and admire very greatly who've had disabilities, and I've watched them struggle to overcome the barriers that society puts up often just because it doesn't think of what it's doing -- the barriers that it puts up to them.
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Our valuable member holmegm has been with us since Thursday, 03 April 2008.

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