Jonah Goldberg writes:
"It seems to me that 'empathy' and 'activism' are being overly conflated… They certainly overlap, but are they the same thing? …
"The 'empathy' thing strikes me as a warrant for bias (which is an ancient problem) not judicial activism (a more recent, or at least more specific, phenomenon). And, as it applies to identity politics, it is a form of racism and/or sexism. For instance, Obama wants judges to side with members of the Coalition of the Oppressed in the really tough cases. That needn't be a call for judicial activism. Rather, it's a call for bias — in favor of the status quo.
"Indeed, if you look at the Ricci case, Sotomayor's actions seem exactly like a reactionary defense of the status quo. The existing legal regime is to her liking because it sustains a racial spoils system that discriminates in favor of preferred minorities. The Ricci case threatens the existing system…"
Read the rest.
Posts
0 comments:
Post a Comment