They both end in "y"

Jonah Goldberg: Empathy v Impartiality

"Why make this complicated? President Obama prefers Supreme Court justices who will violate their oath of office. And he hopes Sonia Sotomayor is the right Hispanic woman for the job. Here's the oath Supreme Court justices must take: 'I, (name), do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (title) under the Constitution and laws of the United States. So help me God.' Contrast that with Obama's insistence that the 'quality of empathy, of understanding and identifying with people's hopes and struggles' is the key qualification for a Supreme Court justice. ... [But] who says conservatives are against judicial empathy? I, for one, am all for it. I'm for empathy for the party most deserving of justice before the Supreme Court, within the bounds of the law and Constitution. If that means siding with a poor black man, great. If that means siding with a rich white one, that's great too. The same holds for gays and gun owners, single mothers and media conglomerates. We should all rejoice when justices fulfill their oaths and give everyone a fair hearing, even if that's now out of fashion in the age of Obama."

And here at Legal Insurrection: Sotomayor's Disparate Impact

Whether Sotomayor's position in Ricci was shaped by her history of using lawsuits as a social tool, or a dispassionate review of the law as applied to the facts of Ricci, is fair game for analysis as part of the confirmation process. Sotomayor's involvement at PRLDEP deserves more scrutiny, and the NY Times should be credited with starting that scrutiny.

Regardless, the failure of Sotomayor and some of her two colleagues to recognize the absurdity of the City of New Haven's conduct in the Ricci case shows a profound lack of judgment, which hopefully will be remedied by the U.S. Supreme Court. And Ricci needs to be explored at the confirmation hearings even though two other appeals court judges voted with Sotomayor, since a collective lack of judgment does not excuse a lack of judgment.