Obama’s law: ‘it’s judicial empathy if the Supreme Court agrees with me, judicial activism if it does not’

Obama’s preference for “judicial empathy” means appointments to the Supreme Court should favour, “Someone who understands that justice isn’t about some abstract legal theory or footnote in a case book … It is also about how our laws affect the daily realities of people’s lives — whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation.”


… And the Pres defines those folks as a coalition of the downtrodden and oppressed who all need a little governmental activism in their lives: the real people, the little people, the people with whom judges should have empathy…


In short, Obama opposes judicial activism where he deems it to contradict the will of the people, but calls it judicial empathy and endorses it when it upholds his point of view. The only “empathy” he wants to see are decisions that accord with his agenda – often liberal, sometimes not – which he feels is mandated by his 2008 presidential election, despite the fact that public opinion has actually turned against much of his platform.


by Tim Stanley