Opening Pandora’s Box
I have heard lots of arguments pro and against am empathetic approach to constitutional law. For obvious reasons, I am much against this type of approach. It makes no sense that we should empower people to decide based upon their whim how laws should be interpreted.
However, if Sonia Sotomayor is confirmed and she does rule with empathy as her main concern the issue is the resounding impact this could have on the US legal system. As it is a system dependent upon precedent, it could open up the US Justice system to intepretation, irregularity, and a loss of respect for the constitution and essentially a loss of the rule of law.
Without a rule of law, individuals will be disinclined to engage in contracts, partnerships, etc. Especially if there is even a remote chance (and there always is) for disagreements. If a Judge can rule on their heart vs the law it will have a resounding effect on the US.
Not being a lawyer, could this happen?
