The whole idea of equal justice under law is completely incompatible with the idea of judges deciding cases according to "empathy".
You need to be empathetic in your own personal life and we help our neighbors and our friends out who are struggling in our neighborhoods. But we don't make bad decisions based on empathy.
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.
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