Doug Kmiec has a rather bizarre article up at America entitled The Case For Empathy: Why a Much-Maligned Value Is a Crucial Qualification for the Supreme Court. If the article is any indication, I suppose we should be thankful Obama didn’t make any off-hand remarks suggesting ‘creativity’ or ‘imagination’ were traits he would look for in a potential Supreme Court justice, if only because it might have lead to more essays like this one. After some preliminary gushing about, you guessed it, empathy, Kmiec explains what an empathetic justice would accomplish:
To do this, it is possible that [Obama] will mine for legal talent in unusual places, but it is more likely he will attempt to find a nominee with appellate court experience whose skill set also shows the capability of challenging methods of interpretation that otherwise wouldn’t give empathy the time of day. If Obama succeeds even with this more limited challenge,he will have exploded the notion that swapping out a Souter for a new, most likely younger and intellectually energetic, justice is without effect.