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Bench Memos

NRO’s home for judicial news and analysis.


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Empathy Loses

Polling SCOTUS criteria:

Most Americans reject the broader criteria that judicial activists think can be brought to bear on Supreme Court decisions, including the “empathy” standard that President Obama has said is important in particularly difficult cases, a new IBD/TIPP Poll shows.

Three in five (59%) believe a high court justice should consider only the Constitution, applicable laws and precedents rather than all of these plus his or her own life experiences and views. Only one in three (32%) say justices must consider their life experiences and personal views.

By party, 42% of Democrats, 81% of Republicans and 66% of independents favor exclusive reliance on law.

By ideology, 71% of conservatives, 57% of moderates and 39% of liberals favor this approach.

On the empathy factor, a majority (51%) disagree with a statement paraphrasing remarks Obama made in 2005: “When it comes to the Supreme Court justices, law and precedent should determine rulings in 95% of the cases, but in the really hard and important cases, justices should go with their heart.”

Only 23% agree with the statement. Most independent voters (58%), conservatives (61%) and moderates (50%) disagree with it. Democrats (31%) and liberals (35%) are the leading supporters of the concept that justices should go with their heart.

New on Bench Memos. . .


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