Obama using 'code' for judicial activist, Hatch says

The Salt Lake Tribune ^ | May 3, 2009 | Matt Canham

[freeangel]

“empathy”

Yep! That’s the word that caught me attention, too. He cares not about the law, just that he gets somebody on that doesn’t “feel” that the constitutional rule of laws shouldn’t be applied.

[plain talk]

"We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom," Obama said. "The empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criterion by which I'm going to be selecting my judges." ==== Note there is nothing about the Constitution, the Law and equality under the law/

Right. Obama is 180 degrees out of phase. Those qualities Obama raised have nothing to do with the job of a Supreme Court justice.

[Eagle Eye]

Where’s the “DUH!” alert?

[Wuli]

“I view that quality of empathy, of understanding and identifying with people’s hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes.”

There is only one form of “just decisions” that conforms to a proper understanding of American law and that is no less, and no more than what the Constitution, the written Constitution mandates.

It matters not one iota, to the law, where are empathy lies with any litigants before the court.

If We The People have not mandated the translation of that empathy into a mandate of the law, under the Constitution, then it is not up for consideration by Supreme Court Justices.

If a justice thinks they should ignore the Constitution and instead address their empathy, then they should be impeached, for at a minimum they have violated their oath of office, and if “good behavior” means anything, it should at least include loyalty to the oath of office that a justice takes.

[marsh2]

It is not equality before the law (standing) but the rule of law as an objective standard to be applied in the same way to all. That is where Obama has clearly indicated that he is looking for someone who will subjectify the law and aply it differently (with empathy) according to a person’s (disadvantaged) circumstances.

I think it is quite clear that he will pick an activist judge as he believes that the federal government should be activist in securing political and economic justice for the disadvantaged.

From Obama’s 2001 Chicago’s public station WBEZ-FM interview:

“If you look at the victories and failures of the civil rights movement and its litigation strategy in the court, I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order and as long as I could pay for it I’d be OK

“But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it’s been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the federal government can’t do to you, but doesn’t say what the federal government or state government must do on your behalf.

“And that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was because the civil rights movement became so court-focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that.”

[pepperhead]

Wouldn’t this be a wonderful day for McCain to resurrect his gang of 14 to insure bipartisan cooperation was restored?

I think like 4 republicans in the gang are gone. The democrats also will soon have 60 seats so the democrats that were in the gang don't give a ____ anymore about it.

[sport]

Hatch just learned this? I call bull shit.

[Raycpa]

Who needs to pick on specific words to know Obama wants appoint someone to the left of a communist?

[TheOldLady]

"He clearly pust..."

You left off the "ule."

[ETL]

I don’t think there’s anything “code” about it.

I see more commie code than "liberal".

Obama said: "I view that quality of empathy, of understanding and identifying with people's hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes."

"People's", "struggle", "just" is common commie jargon.

[ETL]

Perhaps he’ll appoint Al “No Justice, No Peace” Sharpton. :)

[Maryhere]

I have a good suggestion on what Mr. Hatch can do. He can retire as soon as possible. He sounds very ignorant of Obama speak. How could he be so dense? Conservatives would lose nothing if Hatch resigned.

[dogcaller]

Also at the top of the news today...bears have been found to poop in the woods.

[DGHoodini]

“Empathy”...yes, it *is* a code word...a code word for *Inequal Justice*.

[Hoodat]

Note there is nothing about the Constitution, the Law and equality under the law

It is painfully obvious that Obama and his fellow Democrats hold the Constitution in contempt - thus their need to find judges who will thwart it. As for 'equality under the law', the historical record plainly shows that Democrats have been opposing equal protection since the day Amendment XIV was first ratified. I believe this to be their Achilles heel - one which Americans will recognize, and one that Conservative candidates must sound again and again from the rooftops to gain the respect of the American voter.

[savedbygrace]

Obama knows as much about empathy as he knows about strict constructionism.

He has no real feelings or emotions whatsoever. He is a psychopath with political ambitions.

[TribalPrincess2U]

Good one RushingWater.

[calex59]

Yeah, what a surprise, the left wing, communist, marxist Bozo the clown resident wants to appoint a like minded person to the bench. We already have a left wing communist on the bench so we won’t be losing anything by this appointment but to even consider that Bozo might appoint a fair and impartial justice is just a pipe dream.

[Condor51]

In announcing Souter's retirement on Friday, Obama said: ""I view that quality of empathy, of understanding and identifying with people's hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes."

I've about had it. I want to know who took all of Barry's tests in all the colleges he went to --- because the above quote is redundant doublespeak. So there's no way way he could have passed his English classes on his own with a thought process and sentence structure like that.

'empathy':
1. Identification with and understanding of another's situation, feelings, and motives.
2. The attribution of one's own feelings to an object.

Ergo, once he used the word 'empathy' the rest was unnecessary. Empathy is defined by "understanding and identifying with people's .... blah blah blah". So he never should have went on, or never used the word empathy in the first place.

Which brings us to the last part: "an essential ingredient forarriving at just decisions and outcomes" A "constitutional scholar" would never think or say something that dumb. Especially in reference to SCOTUS.

Barry forgot - or NEVER learned - that SCOTUS isn't a "Trial Court". Evidence isn't submitted, nor are defendant alibis given. And the Justices can't 'take pity', oops - have EMPATHY - for a defendant or plaintiff when making their ruling, like finding not guilty, or giving one a suspended sentence DUE TO extenuating circumstances when "arriving at just decisions and outcomes".

SCOTUS is an appellate court, the HIGHEST appellate court. They hear and rule on previous Trial Errors that some judge made, or didn't make, years or decades ago. It's got nothing to do with 'Jane got paid less than John for the same work so Jane is suing in the Supreme Court.

Yes. SCOTUS has 'made law'. And yep, they've invented 'Rights'. But the place for all that 'empathy' Barry is looking for starts with some state legislature that made some law and then in a court room where some Trial Court Judge ruled per that law. And then came to a finding and 'punishment' where - now -HE can show all that empathy Barry is looking for.

So again, I want to know who took all of Barry's college tests. Because it's apparent to all that he's a mental midget and is prolly the dumbest president the USA has ever had.

And he's a constitutional scholar like Bill Clinton is a virgin.

/rant

[Winstons Julia]

I don’t blame a minority party...but what I’m saying is that the liberals have already started the charge against the “obstructionist” Republicans who just want to disagree with everything Obama does.

Some Republicans HAVE voted for these bills.

And I don’t feel that there’s a leader there who has complained LOUDLY enough to become the leader of a movement back towards conservative values.

Oddly enough, these same liberals are mad at some Democrats for not being liberal enough and are calling them DINOS.

I feel there is an organized attack and action machine seated at the White House with a fawning media MOSTLY behind it.

I’m waiting for a leader and I don’t see one.