Judicial Empathy Quotes

The best way to have empathy for people and the best way to have empathy for our Constitution is to appoint judges who will rule based on the law and to have empathy, if you will, for the law only and to rule based on the law.

Obama's attitude toward the rule of law is apparent in the words he used to describe what he is looking for in a nominee to replace Justice David Souter. He wants 'someone who understands justice is not just about some abstract legal theory,' he said, but someone who has 'empathy.' In other words, judges should decide cases so that the right people win, not according to the rule of law.

Judicial excellence requires an understanding that the law is more than an intellectual game and more than a mental exercise. He or she must recognize that real people with real problems are affected by the decisions rendered by the court. Justice, after all, may be blind, but it should not be deaf.

I got a fortune cookie that said, "To remember is to understand." I have never forgotten it. A good judge remembers what it was like to be a lawyer. A good editor remembers being a writer. A good parent remembers what it was like to be a child.

While President Barack Obama has, in one sense, tipped his hand by saying that he wants judges with "empathy" for certain groups, he has in a more fundamental sense concealed the real goal - getting judges who will ratify an ever-expanding scope of the power of the federal government and an ever-declining restraint by the Constitution of the United States. This is consistent with everything else that Obama has done in office and is consistent with his decades-long track record of alliances with people who reject the fundamentals of American society.

Diversity on the bench is critical. As practitioners, you need judges who 'get it!' We need judges who understand what discrimination feels like. We need judges who understand what inequality feels like. We need judges who understand the subtleties of unfair treatment and who are willing to call it out when they see it!

It is better that a judge should lean on the side of compassion than severity.

I think that it's important for judges to understand that if a woman is out there trying to raise a family, trying to support her family, and is being treated unfairly, then the court has to stand up, if nobody else will. And that's the kind of judge that I want.