"We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom, the empathy to understand what it's like to be poor or African-American or gay or disabled or old - and that's the criterion by which I'll be selecting my judges"
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Obama is doing two things at once: widening the frame of what counts as legal “qualification,” and daring his critics to admit that their idea of neutrality is really a preference dressed up as principle. The line lands because it takes an institution that sells itself as cold, objective machinery and insists the machine is operated by human beings with lived experience. “Heart” and “empathy” aren’t soft add-ons here; they’re presented as instruments of perception, a way to see the facts a courtroom pretends are self-evident.
The subtext is a rebuttal to a certain conservative mythology of the judge as a frictionless umpire. Obama’s list - “young teenage mom,” “poor,” “African-American,” “gay,” “disabled,” “old” - is intentionally expansive, almost rhythmic. It’s not just identity politics; it’s a catalogue of vantage points the law routinely flattens into abstractions. By stacking them, he implies that the legal system’s blind spots are structural, not occasional.
Context matters: this is Obama in the era of bruising Supreme Court fights (and not long after the Sonia Sotomayor “wise Latina” backlash), when “empathy” had become a code word in nomination wars. He turns that code word into a criterion, not an apology. The political intent is clear: reframe judicial selection away from elite pedigree alone and toward the consequences of rulings on real lives, especially those most likely to be unseen by power. Critics heard bias; Obama is arguing for vision.
The subtext is a rebuttal to a certain conservative mythology of the judge as a frictionless umpire. Obama’s list - “young teenage mom,” “poor,” “African-American,” “gay,” “disabled,” “old” - is intentionally expansive, almost rhythmic. It’s not just identity politics; it’s a catalogue of vantage points the law routinely flattens into abstractions. By stacking them, he implies that the legal system’s blind spots are structural, not occasional.
Context matters: this is Obama in the era of bruising Supreme Court fights (and not long after the Sonia Sotomayor “wise Latina” backlash), when “empathy” had become a code word in nomination wars. He turns that code word into a criterion, not an apology. The political intent is clear: reframe judicial selection away from elite pedigree alone and toward the consequences of rulings on real lives, especially those most likely to be unseen by power. Critics heard bias; Obama is arguing for vision.
Quote Details
| Topic | Equality |
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