Senator Obama has stated very clearly what kinds of Supreme Court justices he wants-- those with "the empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old."Read the rest for some examples of how decisions based on empathy might look.
Like so many things that Obama says, it may sound nice if you don't stop and think-- and chilling if you do stop and think. Do we really want judges who decide cases based on who you are, rather than on the facts and the law?
If the case involves a white man versus a black woman, should the judge decide that case differently than if both litigants are of the same race or sex?
The kind of criteria that Barack Obama promotes could have gotten three young men at Duke University sent to prison for a crime that neither they nor anybody else committed.
Didn't we spend decades in America, and centuries in Western civilization, trying to get away from the idea that who you are determines what your legal rights are?
Tuesday, October 28, 2008
Thomas Sowell is also taking up the idea of Obama's choice of judges who are full of empathy.