Empathy for the Common Man

One of the president’s stated qualifications for his Supreme Court picks – including Judge Sonia Sotomayor – is that they approach judicial rulings with empathy for the real people whose lives their decisions will affect. The notion owes more to Solomon than to the strict constructionist dogma of the Federalist Society. As others have observed, if interpreting the Constitution were a simple matter of strict textual analysis, we might see fewer five-four decisions (and more disputed babies divided in half).

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