""Empathy" is the latest code word for liberal activism, for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn't pass the legislative branch or, if it did, would generate voter backlash"
About this Quote
The subtext is less about feelings than about power. Rove is translating a long-running conservative critique of “judicial activism” into a sticky, media-ready charge: courts as unelected legislators, the Constitution as “malleable clay,” the bench as a workaround for democratic limits. The language is chosen to trigger a particular fear: that policy outcomes unpopular at the ballot box can be laundered through legal reasoning and insulated by robes, precedent, and lifetime tenure.
Context matters: this rhetoric rose to prominence in confirmation fights where nominees spoke about lived experience, compassion, or understanding the real-world effects of law. Rove’s intent is to preempt that appeal by redefining it as a tactic - “code word” implies concealment, elitism, and bad faith. It also pressures the center: if empathy is framed as synonymous with unconstitutional freelancing, then even moderate jurists are nudged to talk like strict proceduralists or risk being branded as activists.
What makes it work is its asymmetry. It doesn’t argue that empathy is wrong; it argues that empathy is a disguise. That’s a powerful accusation because it’s hard to disprove without sounding defensive.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
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Citation Formats
APA Style (7th ed.)
Rove, Karl. (2026, January 16). "Empathy" is the latest code word for liberal activism, for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn't pass the legislative branch or, if it did, would generate voter backlash. FixQuotes. https://fixquotes.com/quotes/empathy-is-the-latest-code-word-for-liberal-103859/
Chicago Style
Rove, Karl. ""Empathy" is the latest code word for liberal activism, for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn't pass the legislative branch or, if it did, would generate voter backlash." FixQuotes. January 16, 2026. https://fixquotes.com/quotes/empathy-is-the-latest-code-word-for-liberal-103859/.
MLA Style (9th ed.)
""Empathy" is the latest code word for liberal activism, for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn't pass the legislative branch or, if it did, would generate voter backlash." FixQuotes, 16 Jan. 2026, https://fixquotes.com/quotes/empathy-is-the-latest-code-word-for-liberal-103859/. Accessed 12 Feb. 2026.





