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deathray7 months ago

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Like the President, I believe that a judge should have a certain "empathy," which has been used by the opposition as a keyword to galvanize the right against any heretofore unnamed nominee the President might put forward.

It's why the sentencing function is given to the judge, while guilt or innocence is determined by the jury.

Appellate and supreme court judges should come from this tradition; after all, we're not just dealing with abstract points of law, we're dealing with human beings.

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  Beau78907 months ago
  
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  I agree that judges of higher courts should have a sense of empathy, but would go further to say they should be able to weigh the more far-reaching consequences of their opinions on society and government. Some might call that "judicial activism"--I'd refer them to your point that both sides have politicized the bench, as well as the fact that law is not science--determining which precedents play a larger role in any particular case is subjective.
  
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