Good work, Republican Party - it takes effort and talent to turn empathy into an evil, especially in times like these.
Good commentary last night on Slate by Dahlia Lithwick, who writes...
When did the simple act of recognizing that you are not the only one in the room become confused with lawlessness, activism, and social engineering? For a group so vociferously devoted to textualism and plain meaning, conservative critics have an awfully elastic definition of the word empathy. It expands to cover any sort of judicial malfeasance they can imagine. Empathy—the quality of caring what others may feel—signals intellectual weakness, judicial immodesty, favoritism, bias, and grandiosity...
Professor Douglas Kmiec of Pepperdine Law School has a thoughtful piece in America: The National Catholic Weekly in which he suggests, reflecting on the prophet Micah, that "one can be empathetic toward all sides of a dispute." Empathy means being impartial toward all litigants without being blind to the consequences of your decisions. You can send up such concerns as gooey judicial sentimentalism, unmoored from any fixed legal principle. Or you can admit that judging requires acts of judgment beyond the mechanical application of law to facts and that it's best for judges to know when the mechanical act of deciding cases gives way to ideology and personal preference. Empathy isn't sloppy sentiment. It's not ideology. It's just a check against the smug certainty that everyone else is sloppy and sentimental while you yourself are a flawless constitutional microcomputer.
...and by The Washington Monthly's Steve Benen, who had this to say...
Almost immediately, "empathy" became a terribly scary word to conservatives, who said it was "code" for "judicial activism." (The irony is, phrases like "judicial activism" and "strict constructionist" are themselves code words for the right.)
My take is simpler. Just on a basic level of how to connect - or fail to do so - you're not going to come out against empathy and win.
But it'll be fun to watch them try.
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Posted by: FoleyKirsten32 | June 13, 2011 at 06:27 PM