Tuesday, May 05, 2009

I've mentioned my disdain for the phrase "judicial activism" once or twice in passing, but even within the universe where that's a legitimate objection to a judicial nominee [and it is not], objecting to judicial empathy is spectacularly stupid.

(Clips from the Daily Show segment linked above.)
Ed Gillespie: I may have empathy for the little guy in a fight with the big corporation, but the law may not be on his side.
Sen. Orrin Hatch: "Empathy." What does that mean? Usually that's a code-word for an activist judge.
Laura Ingraham: That is a singularly loopy idea for a qualification for a justice.
They're like caricatures of themselves, these people.

(I'd like to try to put myself in their shoes, but I'm worried that would disqualify me from ever holding judicial office.)