Justice David Souter has announced that he will retire from the Supreme Court. In discussing his replacement, President Obama said "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."
Well, I think that is a good quality for anyone to have, but it should not be an ingredient in deciding Supreme Court cases. If the Supreme Court begins ruling on a case by case basis they will be legislating from the bench, and we might as well dispense with the House of Representatives! Not to mention that the Judges' decisions could, more easily, be influenced by bribes from interested parties, or by manipulation from persons in power.
Worse, they would be deciding cases on an emotional basis, and their own agenda could not help but enter into the decision. Judges are there to interpret the law, according to the Constitution, and legislation that has been passed by the legislative branch. If this leads to an unjust decision, it is up to the Legislative Branch to amend the law. Justice must be blind!
Good Analysis! Why don't most people understand this?
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