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Justices Are Emotional Creatures

Brooks: Don't worry about dispassion; it's just a myth

By Kevin Spak,  Newser Staff

Posted May 29, 2009 8:47 AM CDT

(Newser) – America’s legal system “is based on a useful falsehood,” writes David Brooks of the New York Times. It assumes that judges are objective, almost robotic, executors of law. They’re not. “In reality, decisions are made by imperfect minds in ambiguous circumstances.” The question isn’t whether Sonia Sotomayor will be a dispassionate justice. At issue is whether she uses her emotions and empathy well.

“People without emotions are not objective decision-makers. They are sociopaths who sometimes end up on death row,” Brooks argues. “Sonia Sotomayor will be a good justice if she can empathize with many types of people,” not just "one type, one ethnic group, or one social class." Like all judges, she must understand the "murky, flawed and semiprimitive nature of her own decision-making.”

Supreme Court nominee Judge Sonia Sotomayor smiles in front of President Obama.
Supreme Court nominee Judge Sonia Sotomayor smiles in front of President Obama.   (AP Photo/Alex Brandon)
In this 2004 photo released by the Brooklyn Law School in New York, Judge Sonia Sotomayor  speaks during a symposium at the school.
In this 2004 photo released by the Brooklyn Law School in New York, Judge Sonia Sotomayor speaks during a symposium at the school.   (AP Photo/Brooklyn Law School)
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The crucial question in evaluating a potential Supreme Court justice, is
not whether she relies on empathy or emotion, but
how she does so. - David Brooks

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COMMENTS
Showing 3 of 5 comments
kokuaguy
May 29, 2009 7:55 AM CDT
And Newser, Kudos for bringing the columns of both of these note-worthy and articulate Conservative pundits to the attention of the Newser community.
kokuaguy
May 29, 2009 7:53 AM CDT
And Brooks wins over Krauthammer in this debate. Empathy has its place.
kokuaguy
May 29, 2009 7:51 AM CDT
Original understanding of which of the framers and adopters, TC? How many do you think understood that Justice Marshall's Supreme Court would find the power of judicial review in the Constitution, making it for many purposes the most powerful of the three "co-equal branches." Thomas Jefferson disagreed with Marshall's reasoning in Marberry v. Madison, saying that if this view of judicial power became accepted, it would be "placing us under the despotism of an oligarchy."

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