Old Tom Coburn out of OK sure has a problem with the present nominee and any type of 'judicial empathy'. He didn't use to.:
"At the Sotomayor confirmation yesterday, Senator Tom Coburn was concerned about Judge Sotomayor's Latina pride affecting her decisions:
"Your assertion that ethnicity and gender will make someone a better judge, I'm not sure that that can be factually correct." He was worried about the President's empathy standard:
"He stated that the tough cases can only be determined on the basis of one's deepest values and depth and breadths of one's empathy. I believe that standard is antithetical to the proper role of a judge."
So now let's go back in time to 2006 -- the confirmation hearing for Justice Samuel Alito -- when Senator Coburn asked this question:
"Can you comment just about Sam Alito and let us see a little bit of your heart and what's important to you in life?"
Prompting Judge Alito to talk about his Italian heritage, and its effect on how he sees immigration cases:
"When I look at those cases I have to say to myself, and I do say to myself, you know, this could be your grandfather, this could be your grandmother."
And in discrimination cases:
"I have to think about people in my own family who suffer discrimination because of their ethnic background or because of religion or because of gender."
And in disability cases:
"I have to think about people who I've known and admire very greatly who have had disabilities."
Judge Alito was positively steeped in empathy -- and back in 2006, that was fine."
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