Playing Favorites

Definition: Judges elevate personal sympathy for a litigant above the requirements of law.

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Playing Favorites

Ed Whelan discusses Sotomayor and Obama's "empathy" Standard on Bench Memos

Two new essays by leading legal academics—a conservative and a liberal—nicely frame the debate over Justice Sotomayor’s confirmation testimony and President Obama’s “empathy” standard for selecting Supreme Court justices. In an essay in the New York Review of Books, Dworkin observes that Sotomayor’s confirmation hearing “could … have been a particularly valuable opportunit...

Learn More About Sotomayor and judicial philosophy.

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