tag:blogger.com,1999:blog-20692053.post6469368728271577676..comments2023-11-03T06:35:48.003-05:00Comments on Shark and Shepherd: The trouble with empathyRick Esenberghttp://www.blogger.com/profile/07280070509167910367noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-20692053.post-73618260504506702152009-05-22T22:54:21.886-05:002009-05-22T22:54:21.886-05:00The simple fact, Rick, is that the Equal Protectio...The simple fact, Rick, is that the Equal Protection clause of the 14th Amendment <EM>is</EM> consistent with racial segregation.<br /><br />You are accepting "empathy" in one case, <EM>Brown</EM>, that is very unpopular to oppose, and trying to draw a line in a more acceptable place.<br /><br />Unfortunately, once your concede "empathy" in Brown, you have no principled way of opposing it elsewhere.<br /><br />The feminist, remember, think <EM>Roe</EM> was just as great and as badly needed as <EM>Brown</EM>.<br /><br />You don't have to embrace segregation to object to <EM>Brown</EM>. All you have to do is favor democracy. The Congress, before <EM>Brown</EM> had achieved any significant amount of desegregation, passed the 1964 Civil Rights Act.John McAdamshttps://www.blogger.com/profile/04843727752066511266noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-29964781224253233162009-05-16T13:40:00.000-05:002009-05-16T13:40:00.000-05:00Does the remark that a judge should have empathy i...Does the remark that a judge should have empathy indicate a "method of judicial decision-making that privileges the personal preferences and insights of the judge"?<br /><br />Because, as unargued assumptions go, that's a remarkably silly one.Clutchnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-20003706609119396312009-05-14T10:23:00.000-05:002009-05-14T10:23:00.000-05:00In fact, it got silly a long time ago.In fact, it got silly a <A HREF="http://illusorytenant.blogspot.com/2008/11/in-defense-of-lying-mcilheran-lies.html" REL="nofollow">long time ago</A>.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-22186301989452021052009-05-14T10:17:00.000-05:002009-05-14T10:17:00.000-05:00This is all getting a bit silly, even granting tha...This is all getting a bit silly, even granting that Obama's remark was itself a bit silly.<br /><br />At least conservatives should take heart that Obama isn't going to select another David Souter, whose personal history as a thoroughgoing hermit would appear to mark him as "least likely to empathize" (at least, according to Obama's apparent résumé-highlighting).<br /><br />I suppose what we have to look forward to by early next month is conservatives scouring the record of Obama's nominee on the lookout for insidious signs of humanity.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.com