Archive for July 17th, 2009
Supreme Court Could Use More Empathy
July 17th, 2009U.S. Senate Could Benefit From Less Sophistry
Guest Column
by David Gespass
The headline to Jeff Sessions’ op-ed in the July 13 Birmingham News (no link available on their al.com Website) promised a fair hearing for Sonia Sotomayor. But the article itself raises questions about whether Senator Sessions was prepared to provide one.
He initially claims that, if confirmed, Judge Sotomayor “will have the power to define the meaning of our Constitution,” which is certainly an exaggeration. She would be one of nine justices and only a majority can make such a decision. This is not an unimportant distinction, since the collective decision-making of the Court can only be enhanced if the backgrounds of the justices are diverse.
More to the point, he asserts that it is wrong to expect a judge, because of her life experiences, to have empathy, claiming that showing empathy to one party demonstrates prejudice to another. Sessions is simply wrong if he is claiming that the judges he would support would not show either empathy or prejudice.




