Judicial Empathy

by Roger Koppl

Thomas Sowell and others have criticized Ombama’s call for “empathy” from the bench.  Criticizing the Sotomayor nomination, he says, “ ‘Empathy’ for particular groups can be reconciled with ‘equal justice under law’– the motto over the entrance to the Supreme Court– only with smooth words. But not in reality.” 

I have my doubts about Sotomayor.  For example, I fear she may too readily defer to law enforcement.  (See here and here.)  I think the quoted remark of Sowell is mistaken, however.  Empathy is a friend to justice.  Continue reading