President Obama has released a list of Supreme Court candidates, hoping to find a nominee who will best reflect America and display empathy. Should that be his focus?
Due to this desire, the list is full of women and minorities, leading to a difference of opinions as to what type of American could best fill this seat. ...
Republican Chairman Michael Steele publicly disagrees with the Obama position, saying that empathy should not be a driving criterion in selecting the next Supreme Court justice.
His argument that a justice must be loyal to the Constitution of the United States and not swayed by emotions and life experiences – and even empathy – does make sense. In order for all Americans to have equal protection under the law, the law must be consistently interpreted to ensure that we are all playing by the same rules. No amount of empathy can create stability in the courts like consistency of law.
However, taking the human element out of the equation is dangerous, particularly as America continues to evolve. The challenges facing our nation call for justices who are capable of respecting laws without rewriting them from the bench, as judicial review invalidates the will of the people expressed through the legislative (and representative) branch of government. Yet, we need justices who can relate to everyday people so we can grow through the parameters of our Americanism, so that as the face of our country continues to change, the backbone of the nation is not compromised.
Just putting a women or an ethnic person on the nation's highest court does not guarantee this judicial temperance. Ask the detractors of the Clarence Thomas appointment whether they believe the legacy of the late Justice Thurgood Marshall was adequately served.
The goal that President Obama should aim for is not just finding the reflection of America's experiences through racial and gender identity; the goal must be to find a justice who reflects these experiences intrinsically yet respects the glimmer of our finest accomplishment – the American Constitution – even more.
The best person should win the nomination from President Obama, not just the best jurist. The role of a justice is to pass judgments wisely. Fulfilling that task will take a high level of legal acumen and historical perspective. Although the Supreme Court must be the protector of our legal foundation, it must also ensure the empowerment of the American people as desired by the founding fathers. Ensuring that empowerment is easier when the court has more empathetic ties to a bigger cross section of the American people.
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+ Obama's Short List
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Lenny McAllister is a syndicated political commentator. His book, 'Diary of a Mad Black PYC (Proud Young Conservative),' is due this spring. LennyMcAllister.com includes McAllister's weekly video commentary, courtesy of 'Fox News' - Charlotte.
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By: uba on 5/20/2009 2:49PM
As a people, we have much to be ashamed of - the disproportionate number of Black men in prison, the debasement of our women, the Yo-mother-f**ker language employed by our youth and now the burden of Mrs. Obama as First Lady. From her stereo-typical planting of a "truck" garden at the White House to her ape-like mimicking of white hair style and fashion, she is a mixed message of what it means to be Black in America today.
It is no wonder that all too many of our people - if not most of us - feel inherently inferior to white people.
If we cannot clean up our cultural icons in crime-rejectin versus injection, "ho" bashing rap music, role model ministers, and even first ladies, we cannot advance nor expect truly deserved equality with our white fellow citizens.
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