But if you look at the oath of office that every Supreme Court justice takes, you see that it commits them to a very different standard. They pledge not to pick winners and losers based on their hearts or their "empathy," but to impartially apply the Constitution and the law. Here is their oath: I, (name), do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Supreme Court Justice under the Constitution and laws of the United States. So help me God.
When you take the time to read the plain text of this oath, and then consider many of the criteria that President Obama and other progressives have spelled out for their judges and Supreme Court justices, there is no other conclusion to come to other than that progressives want Supreme Court justices who will violate their oath of office.
Now, empathy is certainly a good and virtuous thing. It's something we should practice ourselves, and look for in our doctors, our teachers, and our neighbors. But should empathy be the guiding criterion for our judges? After all, one person's empathy may be another person's antipathy. Our Constitution spells out a separation of powers between Congress, the president, and the judiciary for a very good reason: to protect our freedom and our right to govern ourselves from one person's idea of "empathy." When we give more power to unelected judges, we take power away from "we the people."
It's no accident that progressives view the Constitution and the Declaration of Independence as obstacles to be mowed down or maneuvered around to create bigger government. After all, their name itself, progressives, implies that there is something defective or at least inadequate about America. Progressives exist, their name implies, to "correct" America and to "correct" all the rest of us in the process.
The epitome of progressive thinking was Barack Obama's promise, just before the 2008 election, that "we are five days away from fundamentally transforming the United States of America." I guess you could say he warned us! But the problem is that Americans don't want a fundamental transformation of their country. Americans are awakening to the fact that, of course our country has changed a great deal since it was born, but our Founders hit on some timeless truths that will never change and should never change. More and more of us view our founding truths as a bulwark, not just against bigger government, but against losing that fundamental sense of decency that Senator Smith fought for. If we forget these truths—or reject that they are timeless—we lose something fundamental about ourselves. No, "transformation" won't save America; "restoration" of our honor, dignity, and freedoms will save America.