A clash over the role of empathy on court underpins a GOP critique of Jackson.
"I'm looking for a justice who will make decisions based on the law, not based on their preferences, not on empathy," Sen. Tom Cotton, R-Ark., told Jackson this week.
The partisan clash over empathy -- which some have dubbed the"Empathy Wars" -- has its roots in a campaign promise by Barack Obama more than 15 years ago, when the then presidential candidate made the quality a key criteria for a high court nominee. Sonia Sotomayor, Supreme Court nominee, testifies at her confirmation hearing before the Senate Judiciary Committee in Washington, D.C., July 16, 2009.
She said directly and holistically addressing a defendant's experience is aimed at getting the offender to accept responsibility and see more fully the impact of their crimes. Some legal scholars who have studied the impact of empathy on court decision making have found it as a necessary factor for avoiding partiality.
"A judicial philosophy may have empathy as one element of it, but it strives to treat similar situations alike by creating a framework to determine which cases are similar and which aren't," Isgur said."Judge Jackson was never able to articulate a judicial philosophy and without one, empathy can actually be the antithesis of justice.
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