Commentary Magazine


Contentions

“We Don’t Apply Feelings”. . . But. . .

After wasting endless time on a recusal issue (and misunderstanding the standard for judges to remove themselves from a “matter” which they previously heard), Sen. Jon Kyl asks if she agrees with the president’s view that the law only takes you “25 miles in the marathon and the judge’s heart take you the rest of the way.” She answers: “No, sir.” She says that “isn’t what judges do.” Well, that’s something. Kyl probes further, inartfully, asking in effect whether the “law ever runs out,” as some liberal jurists and scholars often ask. She is sticking to the script. “We apply the law to the facts; we don’t apply feelings.”

This isn’t very helpful in getting at her specific views. Kyl then migrates to the issue of her speeches and holds up the Seton Hall address. She says she was being “inspirational,” but wasn’t she really getting at the influence of ethnicity on the law? He recites the comments in which she seemed to take issue with impartiality. He also reminds her of her argument that women and ethnic minorities will reach different outcomes. And he picks up on the point we and others made earlier –she didn’t agree with O’Connor, she took issue with O’Connor’s view. It would lead one to believe, he says, that you “seem to embrace” the view that women and ethnic minorities will reach different outcomes.

She doesn’t respond. She says look at her record of seventeen years. (But then what did she mean? Why was she saying these things?) She really doesn’t defend the speeches because there is no defense. Then why did she say these things over and over again? She sticks to her message of “inspiration.” But why inspire them to believe in bias or repudiate impartiality? This remains a mystery.


Join the discussion…

Are you a subscriber? Log in to comment »

Not a subscriber? Join the discussion today, subscribe to Commentary »





Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor to our site, you are allowed 8 free articles this month.
This is your first of 8 free articles.

If you are already a digital subscriber, log in here »

Print subscriber? For free access to the website and iPad, register here »

To subscribe, click here to see our subscription offers »

Please note this is an advertisement skip this ad
Clearly, you have a passion for ideas.
Subscribe today for unlimited digital access to the publication that shapes the minds of the people who shape our world.
Get for just
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor, you are allowed 8 free articles.
This is your first article.
You have read of 8 free articles this month.
YOU HAVE READ 8 OF 8
FREE ARTICLES THIS MONTH.
for full access to
CommentaryMagazine.com
INCLUDES FULL ACCESS TO:
Digital subscriber?
Print subscriber? Get free access »
Call to subscribe: 1-800-829-6270
You can also subscribe
on your computer at
CommentaryMagazine.com.
LOG IN WITH YOUR
COMMENTARY MAGAZINE ID
Don't have a CommentaryMagazine.com log in?
CREATE A COMMENTARY
LOG IN ID
Enter you email address and password below. A confirmation email will be sent to the email address that you provide.