Catching up on my reading here are a couple of columns by Thomas Sowell: "Empathy" Versus Law and "Empathy" Versus Law: Part II.
"That President Obama has made 'empathy' with certain groups one of his criteria for choosing a Supreme Court nominee is a dangerous sign of how much further the Supreme Court may be pushed away from the rule of law and toward even more arbitrary judicial edicts to advance the agenda of the left and set it in legal concrete, immune from the democratic process. Would you want to go into court to appear before a judge with 'empathy' for groups A, B and C, if you were a member of groups X, Y or Z? Nothing could be further from the rule of law."
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