The clever people in the media and elsewhere are saying that "inevitably" one's background influences how one feels about issues. Even if that were true, judges are not supposed to decide cases based on their personal feelings.
Justice Oliver Wendell Holmes said that he "loathed" many of the people in whose favor he voted on the Supreme Court. Obviously, he had feelings. But he also had the good sense and integrity to rule on the basis of the law, not his feelings.
Laws are made for the benefit of the citizens, not for the self-indulgences of judges. Making excuses for such self-indulgences and calling them "inevitable" is part of the cleverness that has eroded the rule of law and undermined respect for the law.
Something else is said to be "inevitable" by the clever people. That is the confirmation of Sonia Sotomayor to the Supreme Court. But it was only a year and a half ago that Hillary Clinton's winning the Democratic Party's nomination for president was considered "inevitable."
The Republicans certainly do not have the votes to stop Judge Sotomayor from being confirmed-- if all the Democrats vote for her. But that depends on what the people say. It looked like a done deal a couple of years ago when an amnesty bill for illegal aliens was sailing through the Senate with bipartisan support. But public outrage brought that political steamroller to a screeching halt.
Nothing is inevitable in a democracy unless the public lets the political spinmasters and media talking heads lead them around by the nose.
The real question is whether the Republican Senators have the guts to alert the public to the dangers of putting this kind of judge on the highest court in the land, so that they will at least have some chance of stopping the next one that comes along.
It would be considered a disgrace if an umpire in a baseball game let his "empathy" determine whether a pitch was called a ball or strike. Surely we should accept nothing less from a judge.
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