Empathy or Justice: A Political Thing

Our country's courts as you know have come under attack in recent years for so called "legislating from bench" and setting aside the rule of law they took an oath to enforce to instead preach their own political/social/moral viewpoint. We all have a right and responsibility to be upset as this violates the whole construct of our three separate branches of government.

After all, Federal judges (as well as presidents) take an oath to "preserve, protect, and defend the Constitution".

How might this issue, and the courts in general, change under an Obama administration?

By the end of this January, 6 of the 9 justices on the Supreme Court will be over 70 years old. It is anticipated by many that Obama will get to make four appointments in his first term and two more in a second term. Additionally, 9 of the 13 federal appeals courts are also expected to swing left by way of future Obama appointments.

Therefore, it is essential for us to all understand under what criteria Obama will change the face of the American justice system:

In 2007 Obama said: ""[W]e 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."

Hmmm? Empathy is nice, but shouldn't our judges base their decisions on the objective rule of law? In fact, that lady in the long gown holding the scales of justice - what's that wrapped around her head? Oh yeah! It's a blindfold!!! Hence, the application of justice is meant to be blind to the individual circumstances of those involved and instead be objective and fair regardless of how much we may empathize with either party. Rich versus poor, old vs. young, government vs. citizen, corporation vs. shareholder - are all entitled to fair justice not having anything to do with how we may empathize with one over the other. Rooting for the underdog is not a function of justice (save that for the World Series). At least that is what the Founders thought to be a pretty good idea.

Think of the damage a justice system would cause by applying justice based on personal opinions, biases and empathy. Justice will become political (exactly what our Constitution attempts to shield if from). If the law is unjust then fix it, otherwise enforce it!

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However, fixing the law in Obamaland might also be painful...

In 2001, Obama said the Supreme Court under Earl Warren...

"Never ventured into the issues of redistribution of wealth and sort of more basic issues of political and economic justice in this society." He continued, stating the court wasn't that radical because it "didn't break free from the essential constraints that were placed by the Founding Fathers in the Constitution."

Political and economic justice? Break free from the Founders constraints? What might that entail? How about the following:

1. A federal constitutional right to welfare;
2. A federal constitutional mandate of affirmative action wherever there are racial disparities, without regard to proof of discriminatory intent;
3. A right for government-financed abortions through the third trimester of pregnancy;
4. The abolition of capital punishment and the mass freeing of criminal defendants;
5. Ruinous shareholder suits against corporate officers and directors;
6. Approval of huge punitive damage awards, like those imposed against tobacco companies, against many legitimate businesses such as those selling fattening food

(The above summarizes an editorial in the WSJ. Feel free to check it out.)

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I know many are displeased with the course of the current administration, and with good reason. But always remember that the policies of George W. Bush do not exemplify sound conservative principles; they have been largely absent during his two terms.

John McCain may veer more to truer conservative principles - but, he may not (there is good reason to doubt it).

However, one thing is certain! Obama (with unfettered support of the legislature) will drive us further from our roots than GW or McCain every did or would. The bedrock that has made the US the strongest, greatest nation on earth will be greatly challenged and most definitely altered. Institutions such as the free market and capitalism will become the monsters that must be slain by a government that tells us it knows best regardless of how it constantly fails to prove it!

Fiscal responsibility during the most pressing economic times of recent memory will most assuredly be disregarded more than ever before.

We hope things will improve! We all know that we need change! Maybe you don't believe McCain is the right change or enough change. But you must believe Obama's change is radical and catastrophically damaging!