SotomayorListening to the youth and most minorities citing their opinions on Sotomayor and how empathy should play an important role in legal decisions is astonishing!  Some of the kids are law students!  Their views certainly provide an insight into what they are being taught in today’s colleges. 

The Justices of the U.S. Supreme Court are charged with application of the Constitution and its amendments to the various cases brought before them.  Most of these cases are difficult as they often fall in-between the cracks of precedent where lower court judges have ruled with different conclusions.   Constitution

For a Justice to bring into consideration empathy is, in itself, unconstitutional. Any empathy or situational considerations are only applicable, if at all, in the first round of legal hearings – this would be the ONLY place this practice should apply.  After that initial ruling, the losing party has the option to apply for reconsideration through higher courts for the reasons of bias, ignored legal precedent, etc.  From here on, the LAW is the issue. 

The fact that Judge Sotomayor has accomplished outstanding achievements,blind justice her personal background should have NO bearing on her judgement for cases brought before the Supreme Court.  If justice is blind, why should it matter that the court be multi-racial, multi-gendered, or multi-ethnic.  As a woman, I can certainly appreciate the fact that there are women on the Bench, I can also appreciate the fact that their are minorities on the Bench.  However, if you use the standard of “justice for all” through “blind justice” no social prerequisite should matter. 

Additionally, the amount of time that any nominee has spent on a former court is, in truth, not as important as their understanding of Constitutional Law.  The Supreme Court’s role is different than the lower courts as it puts aside all “special conditions” and looks at the case through the lens of the Constitution. 

The frightening realization of this week, is that so many legal minds disagree with this basic concept.  Makes one wonder if they consider the laws of the land more than the situation of the plaintiff or defendant in a case. 

This is a scary reality.

XXX

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