Senate Debate on Empathy
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Benita Y. Pearson
U.S. District Judge. North. Dist. of Ohio
Nominated: December 3, 2009
ABA Rating: Substantial Majority Well Qualified, Minority
Qualified
Committee Questionnaire
Hearing Date:
January 20, 2010
Questions For The Record
Reported By Committee:
February 11, 2010
Confirmed By Senate:
20xx-xx-xx
- Committee Questionnaire - Benita Pearson
Responses of Benita Y. Pearson
Nominee to the U.S. District Court for the Northern District of Ohio
to the Written Questions of Senator Sessions
5. As you may know, President Obama has described the types of judges that he will nominate to the federal bench 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."
a. Without commenting on what President Obama may or may not have meant by this statement, do you believe that you fit President Obama’s criteria for federal judges, as described in his quote?
Response: Given that President Obama nominated me, I can only assume that I fit the criteria the President has established for nomination to the Federal bench.
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b. During her confirmation hearing, Justice Sotomayor rejected this so-called "empathy standard" stating, "We apply the law to facts. We don’t apply feelings to facts." Do you agree with Justice Sotomayor?
Response: Yes.
c. What role do you believe empathy should play in a judge’s consideration of a case?
Response: None. Empathy should play no role in deciding the law.
d. Do you think that it’s ever proper for judges to indulge their own subjective sense of empathy in determining what the law means?
Response: No.
i. If so, under what circumstances?
Response: None.
ii. Please identify any cases in which you’ve done so.
Response: None.
iii. If not, please discuss an example of a case where you have had to set aside your own subjective sense of empathy and rule based solely on the law.
Response: None. My subjective sense of empathy does not enter my mind so I do not have to set it aside.
Responses of Benita Y. Pearson
Nominee to the U.S. District Court for the Northern District of Ohio
to the Written Questions of Senator Charles E. Grassley
1. What is your view of the role of a judge?
Response: A judge plays the key role in dispute resolution. In disputes brought before the Court, it is the role of a judge to fairly and impartially apply the law to the facts consistent with due deference to the plain meaning of legal text and applicable legal precedent.
2. Do you believe it is ever appropriate for judges to indulge their own values in determining the meaning of statutes and the U.S. Constitution?
Response: No.
a. If so, under what circumstances?
Response: None.
b. Please provide an example of a case in which you have done so.
Response: None.
c. Please provide an example of a case where you have had to set aside your own values and rule based solely on the law.
Response: None.
3. Do you believe it is ever appropriate for judges to indulge their own policy preferences in determining the meaning of statutes and the U.S. Constitution?
Response: No.a. If so, under what circumstances?
Response: None.
b. Please provide an example of a case in which you have done so.
Response: None.