MAY 28, 2009
‘Empathy’ Is Code for Judicial Activism
What damage did Democrats suffer when they attacked Miguel Estrada?
By KARL ROVE
“Empathy” is the latest code word for liberal activism, for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn’t pass the legislative branch or, if it did, would generate voter backlash.
Read the full story here: The Wall Street Journal
- Justice Sotomayor – not guilty of ’empathy’ (csmonitor.com)
- Engagement as the New Activism (opinionator.blogs.nytimes.com)
- Bad-Mouthing Empathy and Altruism (themoderatevoice.com)
- Clark Neily: The Myth of Judicial Activism (online.wsj.com)
- IJ on “The Myth of Judicial Activism” (volokh.com)