Unconstitutional Empathy


It appears that Judge Sotomayor will be an important player in Barack Obama’s plan to turn America from a country of opportunity into one of guaranteed results. Consider her remarks from 2001.

In her speech, Judge Sotomayor questioned the famous notion — often invoked by Justice Ruth Bader Ginsburg and her retired Supreme Court colleague, Sandra Day O’Connor — that a wise old man and a wise old woman would reach the same conclusion when deciding cases.

How were they wrong? They were unfamiliar with Latino superiority!

“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life,” said Judge Sotomayor, who is now considered to be near the top of President Obama’s list of potential Supreme Court nominees.

What is the President’s view of the Constitution? Remember his interview on public radio in 2001 – he describes the court as having failed during the Civil Rights Era for not having viewing the constitution as offering positive rights, which would have led them to offer reparations.

Negative rights are protections from having something done to you – ie, unreasonable search and seizure, or having your speech rights impacted. Positive rights would be things that the government is constitutionally obligated to provide – for example, if there were such a thing as a right to health care.

An Obama judge will not ask, “Does the ruling I’m about to make fit neatly into the universe of legal concepts?” but rather, “Is the ruling I’m about to make attentive to the needs of those who have fared badly in the legislative process because no lobbyists spoke for their interests?”

Obama wants the courts to convert our society into one in which the outcomes of people’s lives are guaranteed through the institution of positive rights – by elevating services provided by the government into constitutional rights.

In other words, he hopes to redesign the Constitution by appointing liberal justices. That’s what empathy is all about.

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