Charles Krauthammer on Sotomayor: ‘What should a principled conservative do? Use the upcoming hearings not to deny her the seat, but to illuminate her views;’ ‘be elevated, respectful and entirely about judicial philosophy’

Charles Krauthammer in The Post:

Since the 2008 election, people have been asking what conservatism stands for. Well, if nothing else, it stands unequivocally against justice as empathy — and unequivocally for the principle of blind justice.

Empathy is a vital virtue to be exercised in private life — through charity, respect and loving kindness — and in the legislative life of a society where the consequences of any law matter greatly, which is why income taxes are progressive and safety nets are built for the poor and disadvantaged.

But all that stops at the courthouse door. Figuratively and literally, justice wears a blindfold. It cannot be a respecter of persons. Everyone must stand equally before the law, black or white, rich or poor, advantaged or not.

Obama and Sotomayor draw on the “richness of her experiences” and concern for judicial results to favor one American story, one disadvantaged background, over another. The refutation lies in the very oath Sotomayor must take when she ascends to the Supreme Court: “I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich. . . . So help me God.”

When the hearings begin, Republicans should call Frank Ricci as their first witness. Democrats want justice rooted in empathy? Let Ricci tell his story, and let the American people judge whether his promotion should have been denied because of his skin color in a procedure Sotomayor joined in calling “facially race-neutral.”

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