This piece originally ran on the Opinion page of the May 17, 2010, edition of the Washington Times.
Elena Kagan’s problem is not that she has too much empathy but that she has too little. President Obama famously made “that quality of empathy, of understanding and identifying with people’s hopes and struggles” his key qualification for a seat on the Supreme Court. What little we know of Ms. Kagan’s record demonstrates that she does not meet even that nebulous standard.

Empathy would require that Ms. Kagan place herself in the position of the “despised and downtrodden,” as her mentor Justice Thurgood Marshall put it. And who could possibly be more despised than a United States Army officer assigned to recruiting duties at Harvard Law School?
Did Dean Kagan put herself in his place before enforcing her law school’s repugnant ban on military recruiters? Did she imagine the feelings inside that young captain, perhaps limping from the fragments still in his leg from an improvised explosive device that hit his convoy outside Ramadi, as he walked through Harvard’s gates? Did she consider the stares he drew at the training academy from the liberal elite, the palpable contempt directed at him as one whose mere presence Harvard had officially designated as morally unworthy? (more…)






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