Topic: Debate
Obama's Sotomayor: No "Lady Justice" An op-ed addressing conflicts between Sotoymayor's empathy and a constitutional government.by Michael McLaughlin
(libertarian)
Tuesday, July 21, 2009
The first blindfolded statue of Lady Justice (the Roman goddess, Lustitia) did not appear until the mid 16th century. Still, the concept of blind justice dates back to before Hammurabi and predates even the rich cultural heritage of Judge Sotomayor. Sadly, it is now the latter that seems to take precedence over the former.
True justice is blind justice. Engraved on the very portico above the steps to the United States Supreme Court this idea is encapsulated in the words "Equal Justice for All." This is particularly important in an era where political correctness finds itself at odds with individual liberties. The courts are now the last bastion against a tide of government intervention.
An empathetic judge is an oxymoron. A judge may empathize with a community's need for more open spaces (perhaps themselves being raised in a "concrete jungle") but should not allow this to sway her decision in an eminent domain case. If an elderly woman's home lies in the path of community redevelopment, neither empathy for the woman nor for the community should decide the case. Private property is exactly that, private. The law should be dutifully applied. A judge, the verb to judge, and the very concept of justice, all depend on the logical and rational application of the law not personal empathy.
Of course, none of this is to suggest we, the people, ought to attempt a derailing of the nomination process. In truth, I do not know that empathy is synonymous with Sotomayor. I have not read a single one of her decisions. I only know what the White House and press have put out — I only know Obama's Sotomayor. Instead, this is an opportunity to bring attention back to the fundamental principles of our democracy. It is an opportunity to reframe the arguments of illegal immigration and universal health care within the context of empathy versus individual liberty. Somehow our democracy is now understood as a mere voting system. In fact, our democracy is a system that depends on state, community, and above all else, individual rights. "Democracy is not two wolves and a sheep deciding what's for dinner." Our Constitution is more than just a piece of paper. Even a blind justice can see that.
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The views expressed in this
article are those of Michael McLaughlin only and do not represent
the views of Nolan Chart, LLC or its affiliates. Michael McLaughlin is
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