The Liberty Papers

President Obama says that he wants to nominate a Supreme Court Justice who has “empathy” as opposed to a jurist who makes decisions based on “some abstract legal theory.” Not surprisingly, I’m not the only one troubled by his selection criteria. Thomas Sowell has written an excellent 3 part series “Empathy” Versus Law” (Part 1, Part 2, Part 3).

Of all of the many quotable passages to choose from, I think this one captures the main point of why we should be concerned:

That President Obama has made “empathy” with certain groups one of his criteria for choosing a Supreme Court nominee is a dangerous sign of how much further the Supreme Court may be pushed away from the rule of law and toward even more arbitrary judicial edicts to advance the agenda of the left and set it in legal concrete, immune from the democratic process.

Would you want to go into court to appear before a judge with “empathy” for groups A, B and C, if you were a member of groups X, Y or Z? Nothing could be further from the rule of law. That would be bad news, even in a traffic court, much less in a court that has the last word on your rights under the Constitution of the United States.

Appoint enough Supreme Court justices with “empathy” for particular groups and you would have, for all practical purposes, repealed the 14th Amendment, which guarantees “equal protection of the laws” for all Americans.