LyrArc Article Gist
"Empathy" was a word not used by Obama but was an idea that was persistent in his selection. From the East Room Obama told the American public- "experience being tested by obstacles and barriers, by hardhip and misfortune; experience insisting, perisisting and ultimately overcoming those barriers; is necessary ingredient in the kind of justice we need on the Supreme Court." Sotomayor responded- "This wealth of experiences, personal and professional, have helped meappreciate the variety of perspectivs that present themselves in every case that I hear." While empathy and astory line similar to the President's is clear in this case; for a Latina whose mother struggled like Obama's to get her through school, and who did well at Princeton and Yale Law School; there is also the same degree of excellence in rigorous study of the law and sharp intellect, and good judgement. This was Obama's first criteria before empathy. And even though Justice Roberts is quoted here as saying in his confirmation hearings that he saw the role of a judge as an umpire, calling balls and strikes, Roberts is still going to see the balls and the strikes through his own set of experiences. Which in this case he generalizes without knowing it or consciously realizing it, as the set of experiences common to all. His is an aspiration to impartiality no more than Sotomayor's, except that Sotomayor is conscious of her experiences, because she has as she says spent a large part of her life looking over her shoulder as an outsider Newyorkican does; and Roberts the insider isn't.