The Empathy Double Standard
Am I the only one who has realized this? I have not seen any coverage on the fact that Sotomayor, while being criticized for using empathy as a tool to determine justice, is now being questioned as to why she did not overturn the existing law, when faced with such an egregious case of “reverse discrimination.”
It is obvious that Republican Senators are doing whatever they can to score political points with their base, but none of them seem to realize just who contradictory their stances are.
As everyone now knows, Judge Sotomayor followed the law when she ruled against the New Haven firefighters. Had she overturned the existing law, she would have been labeled an activist judge. But by simply following the law, Sotomayor has now been accused of failing to understand issues like, just how hard Frank Ricci studied for that exam (A.K.A. failing to be empathetic).
I am just amazed that the mainstream media has not picked up on the “empathy” double standard.
The reasons that are given to support Ricci in his claim that he was deserving of a promotion may be valid, but they have nothing to do with the law.
It very well may be true that Ricci:
- Studied harder than he had ever studied before.
- Made flash cards.
- Read and listened to prepared tapes to get ready for the exam.
- Neglected his wife and children.
- Succeeded to overcome obstacles, like dyslexia.
- May have even went the extra mile to ensure success on the exam.
- Impressed many with his appearance in front of Congress.
The problem with all of this, is that none of them have any relevance when it comes to making a legal decision, unless of course, someone were to be empathetic to all that Ricci had gone through.
Regardless of all of the theatrics, Frank Ricci should be commended on his diligence and hard work. More importantly, he should be commended on the fact that he did not make this a political issue by refusing to answer the question as to whether or not Sotomayor should be allowed to serve on the Supreme Court.
In the end, the Ricci case was not an affirmative action case, it was a case questioning the relevance of a test, and whether or not it served as the best tool for determining a promotion. The local government of New Haven, Connecticut felt that it was not relevant, and Sotomayor concurred.
The irony of it all, is that Republicans are angry because she did not employ empathy when deciding the case.
