The oath that every Justice of the Supreme Court of the United States must take reads as follows:
“I, ___________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ________ under the Constitution and laws of the United States. So help me God.” [emphasis added]Contrast that with the following statements and make up your own mind:
“I view that quality of empathy, of understanding and identifying with people’s hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes.” – President Barack Obama; May 1, 2009 White House press conference
“We need somebody who’s got the heart, the empathy, to recognize what it’s like to be a young teenage mom. The empathy to understand what it’s like to be poor, or African-American, or gay, or disabled, or old. And that’s the criteria by which I’m going to be selecting my judges.” – (then-candidate) Barack Obama; July 17, 2007 Planned Parenthood conference
“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.” - Judge Sonia Sotomayor, Obama nominee to the US Supreme Court; 2001 lecture at UC Berkeley, addressing Justice Sandra Day O’Connor’s quote that “a wise old man and wise old woman will reach the same conclusion in deciding cases.”
UPDATE
The Associated Press is reporting that, among Judge Sotomayor’s comments in the aforementioned 2001 lecture, she also said the following: “Personal experiences affect the facts that judges choose to see.”
Not only is Judge Sotomayor saying that her gender, race and upbringing would influence her decision-making, but that they would also affect the FACTS that she CHOOSES to see.
In 2005, explaining his vote against the now-Chief Justice Roberts, then-senator Obama said that 95% of court cases are straightforward law issues, but in “those 5 percent of hard cases, [the] legal process alone will not lead you to a rule of decision” and “the critical ingredient is supplied by what is in the judge’s heart.”
Perhaps someone should send both President Obama and Judge Sotomayor a sculpture of blindfolded Lady Justice and her scales for their offices.
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