The Wall Street Journal published then-Senator Obama's remarks on why he voted against Justice Roberts' confirmation to the Supreme Court. Short version: he doesn't share my political philosophy in 5% of the cases.
[WSJ] In those 5% of hard cases, ... your decisions about whether affirmative action is an appropriate response to the history of discrimination in this country, or whether a general right of privacy encompasses a more specific right of women to control their reproductive decisions, or whether the Commerce Clause empowers Congress to speak on those issues of broad national concern ..., the critical ingredient is supplied by what is in the judge's heart.So this illuminates his decision making process for nominating Sotomayer to the Supreme Court as well. The translation of empathy is: support for affirmative action, abortion, and broad Federal powers.
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