SMRs and AMRs

Thursday, May 28, 2009

Justice Sam Alito on empathy and judging

Glenn Greenwald
Salon.com

As is true for any Supreme Court nominee, there are many legitimate questions to raise about Sonia Sotomayor, but the smear attacks on her as some sort of "identity politics" poster child -- which are still being justified largely if not entirely by the Jeffrey Rosen/TNR gossipy hit piece on her -- are nothing short of disgusting. As Anonymous Liberal put it: "Apparently, the only way to avoid 'identity politics' is to pick white men for every job." Both Adam Serwer and Daniel Larison note the glaring, obvious hypocrisy in simultaneously insisting that "empathy" has no place in the law while protesting Sotomayor's decision in Ricci on the completely law-free ground that what happened to the white firefighters is so "unfair." And Matt Yglesias writes that he is "really truly deeply and personally pissed off by the tenor of a lot of the commentary on Sonia Sotomayor" and, in a separate post, notes the wildly different treatment accorded Sotomayor and Sam Alito despite very similar records.

With regard to that last point -- how completely different is the reaction to Sam Alito and Sonia Sotomayor -- just consider this exchange that took place at the beginning of Alito's confirmation hearing (h/t sysprog):
U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito's Nomination to the Supreme Court

U.S. SENATOR TOM COBURN (R-OK): Can you comment just about Sam Alito, and what he cares about, and let us see a little bit of your heart and what's important to you in life?
(More here.)

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