Senate Debate on Empathy
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Catherine C. Eagles
U.S. District Judge, Mid. Dist. of North Carolina
Nominated: March 10, 2010
ABA Rating: Unanimously Well Qualified
Committee Questionnaire
Hearing Date:
April 16, 2010
Questions For The Record
Reported By Committee:
May 6, 2010
Confirmed By Senate:
20xx-xx-xx
- Committee Questionnaire -
Catherine Eagles
Responses of
Catherine Caldwell Eagles
Nominee to the U.S. District Court for the Middle District of North Carolina
to the Written Questions of Senator Jeff Sessions
1. Do you think it is ever proper for judges to indulge their own political views or
policy preferences in determining what the law means?
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 in which you had to set aside your ownvalues and rule solely based on the law.
Response: While I do not recall specific details, in making sentencing decisions
I have occasionally thought a sentence required by law was too lenient for the
circumstances, and I have occasionally thought a sentence required by law was
too harsh for the circumstances. I have always followed the law despite any
personal wish that the law might allow for a different result.
2.
During the 2008 presidential campaign, President Obama described the types ofjudges 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: By his nomination of me, I believe that I fit his criteria for selection of
federal District Judges.
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?
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Response: I agree that feelings do not drive factual decisions and that judges
apply the law to facts.
c. What role do you believe empathy should play in a judge’s consideration of a
case?
Response: Empathy does not determine legal decisions. Empathy can be a
valuable asset in helping a judge be a good listener, particularly when considering
testimony from litigants, witnesses, and crime victims whose experience might be
outside the judge’s personal experience. Empathy can also help a judge listen
respectfully and with an open mind.
d. Do you think that it is 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 have 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: While I do not recall the particulars of any specific case, I
have seen many people in court over the years whose personal
circumstances were compelling but for whom the law did not allow relief.
I have been asked by victims of violent crime to order restitution for items
not allowed by state law but which seemed related to the crime. I have
had cases where an injured person was hurt badly but was unable to
establish negligence or whose claim was barred by a statute of limitations.
More recently I have seen families with homes in foreclosure and
businesspeople whose savings have been decimated by business losses. I
have always ruled based on the law and not on empathy for a litigant.
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e. As you know, Justice Stevens recently announced his retirement. The
President said that he will select a Supreme Court nominee with “a keen
understanding of how the law affects the daily lives of the American people.”
Do you believe judges should base their decisions on a desired outcome, or
solely on the law and facts presented?
Response: Decisions must be based solely on the law and facts presented and
not on a desired outcome.
2.
Please describe with particularity the process by which these questions wereanswered
.
Response: I received a copy of these questions from Department of Justice staff on April 23,
2010. I prepared a draft of my answers. I discussed the draft with Department of Justice
staff on April 25, 2010. I then provided a final version of my answers to Department of
Justice staff for transmission to the Committee.
3. Do these answers reflect your true and personal views?
Response: Yes.