Judicial conservatives, like Edward Whelan and Wendy Long, think that empathy should have nothing to do with constitutional decision-making. Apparently, the Republican minority on the Senate Judiciary Committee disagrees. Why else would the Senators add to the list of witnesses testifying against Judge Sotomayor a New Haven firefighter whose promotion was invalidated when a second circuit panel including Judge Sotomayor upheld the invalidation of the exam? I doubt that this firefighter has much to say about the complex legal issues raised by his case. Surely, he was chosen to testify because he is a sympathetic figure and because opponents of Judge Sotomayor’s nomination think that she should have been more empathetic toward him.h/t Terrence Berres.
And Wendy Long and Ed Whelan? Seriously?
Is the Federalist Society that desperate?
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