Senate Debate on Empathy
=====================================
Andre M. Davis
U.S. Court of Appeals, Fourth Circuit
Nominated: April 2, 2009
ABA Rating: Substantial Majority Well Qualified, Minority Qualified
Committee Questionnaire
Hearing Date:
April 29, 2009
Questions For The Record
Reported By Committee:
June 4,
2009
Confirmed By Senate: Nov. 9, 2009
20xx-xx-xx
- Committee Questionnaire -
Andre Davis
http://judgepedia.org/index.php/Andre_Davis#Judge_Davis_On_Judicial_Empathy
4.5 Judge Davis On Judicial Empathy
Judge Davis On Judicial Empathy
Asked by Senator Tom Coburn (R-Oklahoma)
"One of those qualities in and out of the law to become a wise judge is being empathetic. A empathetic judge is one who appreciates the burdens the littigants face before the court and a empathetic judges is one who appreciates the value of a fair trial and impartial justice".
http://judiciary.senate.gov/nominations/111thCongressJudicialNominations/upload/AndreDavis-QFRs.pdf
Responses of Andre M. Davis
Nominee to the U.S. Court of Appeals for the Fourth Circuit
to the Written Questions of Senator Jeff Sessions
Judicial Philosophy
6. During his campaign, President Obama announced: "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."
a. Which, if any, of these categories do you believe best describes your judicial philosophy as laid out by the President?
Response: I do not believe the above quote describes a judicial philosophy. My approach in every case that comes before me is to apply the law to the facts.
b. During your hearing, you stated that a good judge is "one who appreciates the burdens, the challenges that the litigants before him or her has met." What weight should judges give to these considerations and how do they balance them against a neutral application of the law?
5
Response: The above quote was a part of my response to Senator Coburn when he asked me about the concept of empathy. I believe that empathy is an attribute of character that provides a judge with insight and understanding of the human condition of the litigants whose cases the judge exercises authority to decide. Empathy is not a rule of decision or a basis for the decision in any legal matter. The sole task of the judge is to insure the neutral application of the law to the facts of the case and nothing is to be "balanced" against that task.
Responses of Andre M. Davis
Nominee to the U.S. Court of Appeals for the Fourth Circuit
to the Written Questions of Senator Tom Coburn, M.D.
1. President Obama has described the types of judges that he will select as follows: "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 criteria by which I’m going to be selecting my judges."
• What role do you believe that empathy should play in a judge’s consideration of a case?
Response: I believe that empathy is an attribute of character that provides a judge with insight and understanding of the human condition of litigants whose cases the judge exercises authority to decide. Empathy is not a rule of decision or a basis for the decision in any legal matter.
•
Response: Yes.