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Opinion Pieces Respond To Obama's Call For 'Empathy' In Supreme Court Justice
Two newspapers recently published opinion pieces responding to President Obama"s comments on the need for "empathy" in candidates to replace retiring Supreme Court Justice David Souter. Summaries appear below.~ Ellen Goodman, Boston Globe: When discussing Souter"s replacement, Obama said he will seek a nominee ""who understands that justice isn"t about some abstract theory. ... It is also about how our laws affect the daily realities of people"s lives,"" Globe columnist Goodman writes in an opinion piece. According to Goodman, Obama"s emphasis on the need for judicial "empathy" has sparked outrage among a "phalanx of horrified conservatives" who claim that "empathy is just a code word for the sentimental liberal bias in favor of underdogs over the Constitution." However, she continues, "let us remember that empathy is not sympathy. It doesn"t require that we take sides. Nor is it an emotional shortcut that upends all legal reasoning to declare a winner." According to Goodman, empathy "is rather the ability to imaginatively enter into the experience of others." She writes that the "capacity to recognize another person"s reality is not just liberal," adding that empathy "doesn"t trump reason, it informs reason." Goodman writes, "The truth is that we want judges who "get it,"" adding that the "myth of justice as a matter of pure objective reasoning that could be meted out by a computer is just that, a myth" (Goodman, Boston Globe, 5/22).~ Mike Rosen, Denver Post: Although Obama"s emphasis on empathy might seem "[c]ompassionate and seductive" to some, his stance "represents a radical and dangerous departure from traditional American jurisprudence," radio host Rosen writes in a Post opinion piece. Rosen writes, "When empathetic judges rule on their feelings, they are exceeding their authority," adding that the "role of the judicial branch of our government is to rule on the Constitution as written and the law as passed by Congress and signed by the president." According to Rosen, the courts "are a co-equal branch of government, not a superior branch," and judges should not "rule on what they think the law ought to be" because that would be "government by a presumptuous, unelected judiciary." Rosen continues that "judges are referees, not rule makers" because they are "not there to empathize with the fans or the players. They represent the rule book, and they aren"t authorized to … make it "fairer."" According to Rosen, the "dispute between conservatives and liberals on judicial activism is philosophical and irreconcilable." He concludes that Senate confirmation hearings for Obama"s nominee "should make for an interesting debate on these principles" (Rosen, Denver Post, 5/22).
Endocrinology

Blogs Comment On Sotomayor Confirmation Hearings, Health Reform, Other Topics

The following summarizes selected women"s health-related blog entries.~ "Judge Sotomayor Provides Important Testimony on the Constitutional Right to Privacy and Its Application to Reproductive Rights," Marcia Greenberger, Womenstake: "One major line of questions, asked repeatedly throughout the hearings" for President Obama"s Supreme Court nominee Sonia Sotomayor was her "views on the constitutional right to privacy," Greenberger writes, adding, "Given that this right is central to women"s lives, protecting" such "decisions involving whether to bear children ... and having consensual adult sexual relations, it is important to analyze Judge Sotomayor"s answers carefully." According to Greenberger, because Sotomayor "had not ruled directly on the right to privacy as a federal judge, her testimony in this area warrants particular attention." Following questions from senators such as Herb Kohl (D-Wis.), Orrin Hatch (R-Utah) and Dianne Feinstein (D-Calif.), Sotomayor portrayed a "clear agreement with the right to privacy and strong description of the court"s current precedents regarding Roe and women"s health," which "lend[s] further support to the view from her legal record that she would not undermine Roe v. Wade if confirmed to the Supreme Court" (Greenberger, Womenstake, 7/16). ~ "Major Steps Forward for Health Care Reform," Thao Nguyen, Womenstake: Nguyen, outreach manager for the National Women"s Law Center, reports that the health care reform legislation passed by the Senate Health, Education, Labor and Pensions Committee is "particularly important for women because of the critical headway it makes towards women"s ability to secure access to quality, affordable health care throughout their lives." The bill "works towards confronting many of the particular obstacles faced by women in our current health care system," such as banning the "discriminatory" practice of basing insurance premiums on gender, even when maternity benefits are excluded, Nguyen writes. The bill also bans insurance companies from rejecting patients based on medical history, which has prevented many domestic violence survivors and women who have had caesarean sections from obtaining coverage. Nguyen concludes that "the momentum for health care reform could not have come at a more needed time" because women and their families "need quality, affordable and comprehensive health more than ever" (Nguyen, Womenstake, 7/15).~ "Democrats for Life of America Ousts Member Who Supports Contraception," Feministing: Feministing reports that Democrats for Life of America removed Rep. Tim Ryan (D-Ohio) from its advisory board because he supports efforts to improve access to contraception. According to Ryan, he was dismissed from the board after four years after attempting to persuade the group to support contraceptive use as a way to avoid unintended pregnancies. According to the blog, "This is why we call anti-choicers "anti-choice": because they"re not just about making abortion illegal." It adds, "They don"t want women to have access to contraception either -- something that 98% of American women will use at some point in their lives" (Feministing, 7/15). ~ "Umpires, Perspective and the Supreme Court," Jim Wallis, Sojourners" "God"s Politics": "During his opening remarks for his own confirmation hearing in 2005, Chief Justice [John] Roberts made" an analogy between judges and umpires "that has gotten a lot of play in the media and has already been used quite a few times during" Sotomayor"s confirmation hearing, Wallis writes. He adds that "nothing in the world would frustrate me more than an umpire who would call the game differently based upon the color of the jersey that" players were wearing. "But I haven"t seen that happen," Wallis writes, adding, "In fact, the biggest problem we face isn"t an umpire that has favored one team over the other, but umpires who make mistakes in their rulings and judgment because of their lack of perspective." He adds that Sen. Jeff Sessions (R-Ala.) and "others who have picked up these talking points of criticism have mistaken a very particular view of the world. They have claimed an attribute that only belongs to God." According to Wallis, the "problem is that Sen. Sessions doesn"t really want impartiality; he wants judges who will see things just like he would." He concludes that a senator who "wants only one perspective isn"t really concerned with truth or justice, but with the maintenance of historic dominance and control" (Wallis, "God"s Politics," Sojourners, 7/16).~ "Are You a Condom Worshipper? (Or, When the Purity Pushers Lose Their Damn Minds)," Feministing: National Abstinence Clearinghouse President Leslee Uhruh"s comment that supporters of comprehensive sex education are "condom worshippers" is a good example of "why folks in the virginity movement need to rebrand their image," a Feministing blog entry states. It notes that "the majority of the country ... want[s] their kids to learn medically accurate information about sex so they can make healthy decisions." The blog continues, "That"s why more media-savvy abstinence-only leaders are now using more mainstream-friendly language" and rebranding themselves as "folks interested in "holistic approaches" and "healthy lifestyle choices."" The post continues that "[w]hile I"m glad to see that these organizations are scrambling, I"m also a bit wary of writing them off completely," which is why "we have to continue to be vigilant on a state and community level." The blog recommends checking Advocates for Youth or SIECUS for updates on sex education policy (Feministing, 7/16). Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women"s Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women"s Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company. © 2009 The Advisory Board Company. All rights reserved.


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