By Tom Risen
A year after the "empathy" standard for Supreme Court nominees became a hot topic, Sen. Ben Cardin says President Obama should put it behind him.
The Maryland Democrat was asked recently about comments by fellow Senate Judiciary Committee member Jeff Sessions, R-Ala., that there's been "a near-universal rejection of President Obama's empathy standard, the flawed notion that judges should allow personal feelings, political opinions, and social views to guide judicial decision-making."
Cardin's take: "My advice to Obama would be pick the best person. He shouldn't worry about satisfying anyone's litmus test. Because there shouldn't be a litmus test for the nominee." The real activism on the court, he said, has come from conservatives "giving power to those who already have power, and making it, I think, just the reverse of what the court should be doing."
Read edited excerpts of this interview at NationalJournal.com's SCOTUS nomination blog, The Ninth Justice.
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Cardin's advice for Obama is very good. I hope that he will follow.
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