
Washington, D.C.--While campaigning last year, President Obama told an audience that in selecting his judicial nominees he would look for “somebody who’s got the heart, the empathy, to recognize what it’s like to be a young teenage mom. The empathy to understand what it’s like to be poor, or African-American, or gay, or disabled, or old. And that’s the criteria by which I’m going to be selecting my judges.”
Following the announcement of Justice David Souter’s retirement, Obama reiterated to reporters his criteria for selecting a replacement.
Asked what quality best exemplifies a dedication to the rule of law, Obama paused for a moment as a tear seemed to well in his eye. “Emotion,” he replied, after composing himself. “That’s the quality I look for in a dispassionate judge.”
Obama spoke at an unveiling ceremony for a new statue in the plaza outside the U.S. Supreme Court. Called “Lady Empathy,” the statue was described by Obama as “gazing confidently, without a blindfold, at her preferred scale of justice, which she presses down with a mighty sword she wields with deep emotion.” Obama said "Lady Empathy" reflected the temperament he looks for in selecting judicial appointees.
While critics have argued the rule of law and equal protection require unbiased judges who adhere to the terms of legislation enacted by democratically elected representatives, Obama said he would seek judicial nominees attuned to the “daily realities of people’s lives.” Consequently, Obama said, he would draw on nominees from academia and the federal bench because “there can be no better exposure to the realities of daily life than life tenure, which protects law professors and judges from competition, and seals them in a fantasy-world bubble where they can live and breath liberal orthodoxy without intellectual challenge.”
Obama said he would be looking for candidates “who understand that justice isn’t about some abstract legal theory or footnote in a casebook.” Asked to elaborate, Obama said that when people present themselves as victims in a lawsuit, judges should see them not as “abstract plaintiffs,” but as “certain winners.” He also said he would look for judges who were comfortable “expressing their true feelings” and who didn't need the “emotional crutch” provided by footnotes that cite to precise legal authority.
Obama also announced he had chosen Vice President Joe Biden to head a task force charged with vetting judicial candidates. After a reporter noted Biden had lied about graduating in the top half of his law school class when in fact he graduated ninth from the bottom, and that he received an F in a legal methods course for plagiarizing, Obama vigorously defended his choice. “While Joe did copy material without attribution to get by in law school,” Obama said, “he didn't copy from a dusty law journal or other soulless text. No, when Joe copied, he copied from a tear-jerking romance novel and a handful of Hallmark cards.”
In any event, Obama added, in selecting judicial nominees he would not be looking at "how many law review articles they plagiarized," but rather “how many Lifetime movies they watched.”
Associated articles:
http://online.wsj.com/article/SB124120744285578265.html;
http://online.wsj.com/article/SB122515067227674187.html;
http://newsbusters.org/blogs/michael-m-bates/2008/09/14/cnn-downplays-bidens-deceptions;
http://article.nationalreview.com/?q=MzM0MzdiMTVhZTgxNmE5ZGYzZWY3M2UyNDQ3NjI3NWY=;
http://article.nationalreview.com/?q=YjNhMWFhZGIxNWFlNjNkMjQ2MmY5ZjA5ZWI1YWQ3NjU=
Associated video:
http://www.youtube.com/watch?v=OfC99LrrM2Q&eurl