Sen. Sessions Delivers GOP Talking Points On Potential SCOTUS Nominee

Fantasy: Sen. Sessions Thinks Role Of "Empathy" Was Unusual In Sotomayor Nomination

Sen. Sessions:

"When the president nominated Sonia Sotomayor to the court last May, he said he wanted a justice who would decide cases based on her sense of empathy. But the empathy standard was soon rejected by the American people for what it was: license for unaccountable, lifetime-appointed judges to impose their political and social preferences from the bench. Despite widespread repudiation of the empathy standard -- including an explicit rejection from Sotomayor -- the president has not retreated from this view." [Washington Post, 5/7/10]

Reality: Conservative Justices Have Touted Their Sense Of Empathy During Nomination Process

Justice Clarence Thomas Touted His Ability To "Walk In The Shoes" Of The People Affected By His Decisions.  During his confirmation hearing in 1991, Justice Thomas said: "I believe, Senator, that I can make a contribution, that I can bring something different to the Court, that I can walk in the shoes of the people who are affected by what the Court does." [Thomas Confirmation Hearing via Washington Monthly, accessed 5/29/09; emphasis added]

Justice Samuel Alito Admitted That His Family History Affects How He Makes Decisions On The Bench.  During his confirmation hearing in 2006, Justice Alito said: "...when a case comes before me involving, let's say, someone who is an immigrant -- and we get an awful lot of immigration cases and naturalization cases -- I can't help but think of my own ancestors, because it wasn't that long ago when they were in that position ... When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account." [Alito Confirmation Hearing via Washington Post, accessed 5/29/09; emphasis added]

Reality: Elected Conservatives Have Celebrated Empathy And Compassion In Judicial Nominees

Conservative Leaders Cited Thomas' Personal Experience, Empathy. Conservatives including President George H.W. Bush and Sen. Kit Bond (R-MO) touted Thomas' "empathy," "compassion," and personal experience as qualifications:

• George H. W. Bush Praised Judge Clarence Thomas For His "Great Empathy." During a news conference in which he nominated Judge Clarence Thomas for the U.S. Supreme Court, President George H. W. Bush said of Thomas, " He is a delightful and warm, intelligent person who has great empathy and a wonderful sense of humor." [Bush News Conference via Public Papers of the President, 7/1/91, emphasis added]

• Kit Bond (R-MO) Cited Thomas' "Compassion And Understanding." Bond similarlystated: "Though his skills as a lawyer and a judge are obvious, they are not, in my view, the only reason that this committee should vote to approve Judge Thomas's nomination. Just as important is his compassion and understanding of the impact that the Supreme Court has on the lives of average Americans." [Federal News Service, 9/10/91, via Lexis]

Several Republican Senators Have Cited Compassion As A Qualification For Judicial Confirmation. Several former Republican senators, including Strom Thurmond (SC), Al D'Amato (NY), and Mike DeWine (OH), cited compassion as a qualification for judicial confirmation:

• Sen. Thurmond Repeatedly Highlighted Importance Of "Compassion" In Supreme Court Justices. During the confirmation hearings for Justice Ruth Bader Ginsburg, Sen. Strom Thurmond stated that "compassion" was one of the "special qualifications I believe an individual should possess to serve on the Supreme Court," adding that "[w]hile a nominee must be firm in his or her decisions, they should show mercy when appropriate." Similarly, during the confirmation hearings for Justice Stephen Breyer, Thurmond said "compassion" was among "the special criteria which I believe an individual must possess to serve on the Supreme Court." [Federal News Service, 7/12/94 via Lexis]

• Sen. D'Amato Cited Sotomayor's "Compassion" In Supporting Her Nomination As An Appellate Court Judge. During a 1997 Senate Judiciary Committee hearing on the confirmation of several judicial nominations, Sen. Al D'Amato stated: "I predicted to this committee, almost five years ago, that Judge Sotomayor would be an exemplary, outstanding justice. She has demonstrated that, repeatedly. She has shown compassion, wisdom, one of the great intellects on the court." [Federal News Service, 9/30/97, via Lexis]

• Sen. DeWine Wanted Roberts To "Bring To The Court Your Compassion." During Chief Justice John Roberts' confirmation hearing, Sen. Mike DeWine stated: "We need you to bring to the court your compassion and your understanding for the lives of others who haven't been as successful as you have been." DeWine continued: "We need you to bring to the court your strong commitment to equal justice for all. And we need you to always remember that your decisions will make a real difference in the lives of real people." [Federal News Service, 9/14/05, via Lexis]

Reality: President Obama's Statements On Judicial Nominees Emphasize The Rule Of Law, Not Just Empathy

Empathy Is Only One Of Many Qualities The President Sought When Replacing Justice Souter Last Year. On May 1, 2009, in a press conference discussing Justice Souter's career and the process of selecting a replacement, President Obama listed a dozen qualities that define his search:

I will seek somebody with a sharp and independent mind and a record of excellence and integrity. I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a case book. It is also about how our laws affect the daily realities of people's lives -- whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation.

I view that quality of empathy, of understanding and identifying with people's hopes and struggles as an essential ingredient for arriving as just decisions and outcomes. I will seek somebody who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role. I will seek somebody who shares my respect for constitutional values on which this nation was founded, and who brings a thoughtful understanding of how to apply them in our time. [whitehouse.gov, accessed 4/11/10]

Fantasy: Sen. Sessions Asserts That The Citizens United Decision Defended Americans' Rights

Sen. Sessions:

"The court found that Congress had violated Americans' constitutional rights by prohibiting all manner of companies, including small businesses and advocacy groups, from engaging in political speech near an election. Far from activism, the [Citizens United] decision was grounded firmly in the plain words of the First Amendment." [Washington Post, 5/7/10]

Reality: 80% Of Americans Oppose The Ruling

Poll: 8 In 10 Americans Oppose Supreme Court Decision On Citizens United.  According to the Washington Post:

Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll.

Eight in 10 poll respondents say they oppose the high court's Jan. 21 decision to allow unfettered corporate political spending, with 65 percent "strongly" opposed. Nearly as many backed congressional action to curb the ruling, with 72 percent in favor of reinstating limits.

The poll reveals relatively little difference of opinion on the issue among Democrats (85 percent opposed to the ruling), Republicans (76 percent) and independents (81 percent). [Washington Post, 2/17/10]

Reality: Citizens United Decision Allows Vast Corporations To Spend Unlimited Sums For Political Gain

Citizens United Allows Unlimited Corporate Spending On Elections.  According to the Los Angeles Times: Citizens United "allows unlimited corporate and interest group spending on advertising and other efforts to influence elections." [Los Angeles Times, 4/29/10]