Tennesseefree.com

Great article from Carol Platt Liebau.

Eventually, should a Republican president start nominating justices based primarily on their “empathy,” surely even liberals will realize that it is dangerous to install a judiciary that relies on feeling, rather than reason, as the indispensable guide to judicial decision making. After all, a judge’s empathy extends most predictably to parties to whom s/he relates or with whom s/he sympathizes personally or politically. As such, relying on “empathy” undermines citizens’ confidence that all will be equal before the bar of justice - and that adjudication itself will be impartial. That assurance is essential for a free people to remain free.

There is a reason that Lady Justice wears a blindfold. Justice is supposed to be blind to the race, gender, finances, politics - and every other “empathy”-eliciting - characteristic of those who seek it in good faith. Apparently, it’s too much to hope that figuratively, at least, President Obama’s justice will be, too.

In addition to empathy, many Democrats like Patrick “Leaky” Leahy believe the candidate must be a woman. Yes, gender, or maybe even race, should be used in the litmus test, according to many Democrats. What a bassackwards time we live in. At what point are we ever going to start appointing people based on merit? I have no problem with a woman being appointed, or a Hispanic, or a black person, or an Asian person. Hell, you can appoint a Vulcan to the Supreme Court, if that person is deemed to be the best pick (and most logical, of course). My point is, that these things should not matter. But they do matter, especially to Democrats, the masters of identity politics.