Sunday, May 24, 2009

Obama's vision of court pick clear

Politics: This empathy angle is irksome.

WASHINGTON (AP) - On the verge of choosing his first Supreme Court nominee, President Barack Obama has already provided a profile of the person he is likely to pick: an intellectual heavyweight with a "common touch," someone whose brand of justice means seeing life from the perspective of the powerless.

Obama is expected to announce his nominee this week, as early as Tuesday. His words, his young presidency and his own life experience reveal what the nation should expect—and help explain how the president is making a decision that will endure long after he leaves office.

"You have to have not only the intellect to be able to effectively apply the law to cases before you," Obama said in an interview carried Saturday on C-SPAN television. "But you have to be able to stand in somebody else's shoes and see through their eyes and get a sense of how the law might work or not work in practical day-to-day living."

That is stupid and dangerous as this is just a nice way of saying I am going to put a liberal activist judge on the panel that when he/she feels like it will ignore the law to write a feel good judgement based on his/her experience. Andy McCarthy puts it this way in regards to one example the Ledbetter Case.

Obviously, it's actually an invitation to judicial lawlessness. Yet, simultaneously, Obama absurdly claims such empathy might be helpful to businesses in dealing with the labyrinth of regulations. But what businesses need to conduct their affairs "in a practical way" is certainty: if the new rule of the road is to be that judges will decide which regulations get enforced and which don't based on their subjective sense of result-oriented fairness, what we get is economic chaos and paralysis.

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