That’s a question that Judge Sotomayor’s indulgence of her Latina identity on the bench raises for Andy McCarthy and that he examines (on The Corner). The broader question also arises, of course, whether President Obama should be using an “empathy” criterion that operates to select justices whose mode of decisionmaking would render them ineligible for jury service (not to mention violate their oath of office).
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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