Good points, Daren.

And while you’re on the topic of “empathy,” it’s a good time to remind Locker Room readers what Sotomayor’s New Haven, Conn., fire fighter ruling says about her empathy.

In Christopher Caldwell’s words:

Whether or not you like racial preferences, they involve a way of
looking at the law that is sophisticated rather than commonsensical. If
the New Haven opinion is fair, it is the kind of fairness you learn at
Yale Law School, not the kind you learn in the South Bronx. Sotomayor
may be a child of the barrio, culturally speaking, but the judicial
philosophy she represents comes from the mandarin, not the proletarian,
wing of the Democratic Party.