Boy, oh boy! This is more fun than poking a stick into an anthill! Obama's got the right idea, instead of using the carrot-and-stick method to lead the conservatives along with the rest of America by nominating Judge Sotomayor as the next Supreme Court Justice, he simply gave the conservatives the carrot and the stick, apparently with the full knowledge that the conservatives would throw the carrot away because they think it's poisoned and would proceed to beat themselves to death with the stick, all the while accusing the liberals of doing it to them!
And yep! That's precisely what the conservatives are doing! Br'er Obama gave Br'er Fox News a tar baby to beat up on, and the dividends will pay off for us liberals in every election for the coming generation thanks to the burgeoning Latino population. Yeah! Go-Rushboy-Go-Rushboy-Go! Whoo-Hoo!
Lemme see here - it's been said that she's been appointed only because of affirmative action, because she's Latina. Of course, the fact that she has more federal judicial experience and a wider range of overall experience than any Supreme Court nominee in the past century can't have anything to do with it, right? Hmm. A quick Google search shows that Karl Rove supported Bush appointee for SCOTUS, the oh-so-experienced-and-capable Harriet Miers. So did Pat Robertson, and Alberto Gonzales, Newt Gingrich - and Bush and Cheney, of course.
Then there's the complaint that a high degree of empathy shouldn't be considered in choosing a Supreme Court Justice. Here's something to consider: "One research study conducted by Richard Boyatzis of 2,000 supervisors, middle managers and executives at 12 different organizations revealed [Emotional Quotient] separated high performers from average ones in 14 of 16 competencies. An even larger multi-national study of 286 organizations demonstrated that over 80% of the general competencies that identify superior performance depend on high emotional intelligence more so than pure cognitive abilities."
Furthermore, it's known that the lower one's level of congitive empathy, the more likely one is to bully, to denigrate others, and eventually to commit crimes. The flip side of this fact is that the higher one's level of ability to 'know how the other guy feels', the less likely one is to commit crime. Now, do we really want someone on the highest court in the land who has a low level of empathy? Come to think of it, one must wonder about Alberto Gonzales' level of empathy.
"Judges make policy." Hey, does that mean we can get rid of Congress? No, Judge Sotomayor is right on this one, too! As the hated-by-conservatives Media Matters points out: "Moreover, Sotomayor's [statement that the Court of Appeals is where policy is made] is in line with federal appellate courts' "policy making" role as described by the Oxford Companion to the Supreme Court of the United States (2005) and explained by numerous legal experts.
Article comments
— go to most recent comments1 - Clavos
Your reference and citation to the study showing that high achieving leader types have a high "Emotional Quotient" is irrelevant to the question of whether or not empathy has a place in the decision-making process of a judge who is expected (by both the participants and the Constitution) to be impartial.
Tom Tancredo did not characterize Miami as "Third World" because there are a lot of Latinos here, he did so because, among its many other Third World attributes, Miami is the nation's leader in Medicare fraud, in unlicensed medical and dental practitioners, one of the top cities in the availability of drugs on our streets, home of the nation's most aggressive drivers, one of the lowest per capita incomes, high rate of school dropouts, etc.
2 - Doug Hunter
Agree with the thrust of the article. I said in my first comment that this was a brilliant pick that would cement democratic voters for decades to come. Using race and identity politics the left has managed to get an astounding 90+% of the black vote (amazing, you can't get 90% of people to agree on anything)
Nobody buys the usual leftist class hatred in this country, you guys now have an excellent end around with race.
3 - El Bicho
tried reading it, but couldn't take all the bold
4 - Glenn Contrarian
Clavos -
I notice you didn't address the link between low empathy and tendency towards unlawful conduct.
As you can imagine, I tend to be an empathic individual. When I was on active duty, I was trusted by the officers and by my shipmates not because of my ability to empathize, but because of my ability to be strictly impartial.
You see, the conservative talking point that high empathy automatically means a lack of impartiality is a FALSE argument - I'm living proof of that.
5 - Clavos
You see, the conservative talking point that high empathy automatically means a lack of impartiality is a FALSE argument - I'm living proof of that.
Your assertion that you are living proof of your premise does not constitute proof.
6 - Clavos
I notice you didn't address the link between low empathy and tendency towards unlawful conduct.
Of course not, it has no bearing on the question of whether or not empathy is desirable in a judge.
7 - Glenn Contrarian
Clavos - by the same token, the presence of 'empathy' is NOT a sign of 'lack of impartiality'.
That's simply a conservative talking point...and I think you know that.
8 - Clavos
Ours is a system governed by the rule of law. For such a system to be fair, it must be applied without bias of any kind, including empathy. When necessary, the baby must be split.
A judge (especially a SCOTUS Justice) must rule only in accordance with the facts pertinent to the case and the law, without "empathy" or bias of any kind.
Empathy is a form of bias, and bias has no place in the application of the law.
That's why Justice is depicted blindfolded.
9 - Dave Nalle
Using race and identity politics the left has managed to get an astounding 90+% of the black vote (amazing, you can't get 90% of people to agree on anything)
Especially amazing when their policies are designed to consistently marginalize and exploit and degrade the ethnic groups on which they prey. Every vote cast by blacks or hispanics for Democrats is a vote against their self interest. Some of their community are beginning the realize this, but the 90% that you refer to continue to follow along like sheep, sacrificing opportunity for handouts and rights for privileges.
Dave
10 - roger nowosielski
"Empathy is a form of bias . . ."
I find this somewhat problematic. One should think that "empathy" is one of the important elements which make up a healthy outlook on life, view/perspective.
There must exist a viable contrast in order for "bias" (as a term in language) to have sufficient cash-value. Positing perfect sternness and impartiality doesn't quite cut it because it's untrue to life.
11 - Jeannie Danna
Good article and good point. Empathy is a necessary part of the human soul. Without it what are you going to turn into? a mass murder or a politician...:)
12 - roger nowosielski
"Empathy is a necessary part of the human soul."
Exactly. Which is why I'm having problem with Clavos's characterization of it as "a form of bias" (see #10 above).
13 - roger nowosielski
I like the way you put it - "a necessary part of the human soul." Which brings on the corollary, the lack of it is a defect.
14 - Jeannie Danna
Clavos would not really split a baby now would he.
15 - Jeannie Danna
Thus Rush Limbaugh....
16 - roger nowosielski
I should hope not. Neither was Solomon intent on splitting the baby. So I should hope that Clavos would take heed.
17 - Glenn Contrarian
Dave -
On the 90% of the black vote...whose fault is it? Those terrible, terrible Dems? Or the conservatives who still support racists? Whatever you may think of our policies, you have no one but yourselves to blame for losing the minority votes.
And one more thing - "conservatives" as a rule resist change...thus the descriptive 'conservative'. The nation needed a great change when it came to Civil Rights...and who was it that resisted that change? Conservatives (of both parties, but mostly Republican).
You have only yourselves to blame...and you dig the hole deeper every time your conservative cohorts give any credence to racists like Rush.
18 - roger nowosielski
Actually, Clavos's point still stands about the rule of law (except the "form of bias" bit). If aside from qualifications, character is also a criterion in the nomination process, then the empathy part should be implicit and therefore in no need of reiteration.
19 - Glenn Contrarian
Roger - huh? Be patient with me - I'm a bit slow.
Empathy is known to help in understanding not only 'how people feel', but also interpersonal issues - hence the type of empathy called "cognitive empathy".
Furthermore, those with high levels of cognitive empathy are less likely to break the law...less likely to be corrupt.
Those facts - combined with the studies I referenced above - should be enough to indicate that the conservatives' talking point is a false argument, that instead of being a hindrance to one's impartiality, a high level of empathy would not only AID a judge in passing a proper judgment, but would ALSO help in ensuring that the judge would not be corrupt.
A high level of empathy would be a definite PLUS for any judge.
20 - Glenn Contrarian
For Dave and Clavos -
Wastin' away again in Democraticville
Lookin' for my...lost minority vote
Some people claim that there's a liberal to blame,
Now I think - hell, it could be our fault.
21 - roger nowosielski
I think it's all covered between #10 and #16. I don't see why you should have any beef with what I said.
22 - Glenn Contrarian
Roger -
On a different subject, here's an article on my last trip to the Philippines.
23 - roger nowosielski
I'm aware of it, Glenn, just didn't get to reading it yet. I will shortly.
24 - roger nowosielski
"superior performance depend on high emotional intelligence more so than pure cognitive abilities."
Very good point, BTW. I would argue further in fact and say that maturity is essentially "emotional maturity," that to think of maturity in other (say, just cognitive) terms is not to understand the concept.
But my argument simply was that these qualities should be implicit in evaluating the nominee's character.
25 - zingzing
dave: "Especially amazing when their policies are designed to consistently marginalize and exploit and degrade the ethnic groups on which they prey. Every vote cast by blacks or hispanics for Democrats is a vote against their self interest. Some of their community are beginning the realize this, but the 90% that you refer to continue to follow along like sheep, sacrificing opportunity for handouts and rights for privileges."
i've been making this point for a little while now, but i'm pretty amazed you guys continue to basically say that "minorities are stupid." you posit that minorities only vote for dems out of ignorance, which is quite a position for a bunch of white men to take. could it be that you are wrong? or that you see things differently than other people, and therefore come to different conclusions?
i think it's this kind of attitude that has your party/position on the decline, and in your arrogance, you continue down your righteous path into the void. it's time to put the brakes on this kind of thinking, look at where you are, and reverse your current direction, lest you leave us in a one-party country. that is something none of us wants.