Senate Debate on Empathy
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Jane Branstetter Stranch
U.S. Circuit Judge, Sixth Circuit
Nominated: August 6, 2009
ABA Rating: Substantial Majority Qualified, Minority Well Qualified
Committee Questionnaire
Hearing Date: October 21, 2009
Questions For The Record
Reported By Committee: Nov. 19, 2009
Confirmed By Senate:
http://judiciary.senate.gov/nominations/111thCongressJudicialNominations/upload/JaneStranch-QFRs.pdf

http://judiciary.senate.gov/nominations/111thCongressJudicialNominations/upload/JaneStranch-QFRs.pdf

 20xx-xx-xx - Committee Questionnaire - Jane Stranch

 Responses of Jane Branstetter Stranch

Nominee to the U.S. Court of Appeals for the Sixth Circuit

to the Written Questions of Senator Jeff Sessions

4. At your hearing, I asked you to describe your judicial philosophy with regard to President Obama’s “empathy standard,” and the requirements of the judicial oath of objectivity and fairness without respect to persons.

a. Do you believe that you fit President Obama’s criteria for federal judges, as described in his quote? Please explain your answer. Response: I cannot speak to whether I satisfy President Obama’s criteria, though I am honored to be nominated. I can confirm that if allowed to serve, I will do so with objectivity and fairness and without respect to persons.

b. What role do you believe that empathy should play in a judge’s consideration of a case? Please explain your answer.

Response: I believe that any personal feelings a judge might have about a case are circumscribed by the duties of the job. A judge’s job is to apply the law and Constitution, to honor precedent and, where appropriate, to determine the facts.

c. Do you believe that a judge should identify with either party in a case? Please explain your answer.

Response: I do not think it is part of a judge’s job to identify with the parties to litigation. The judge’s job is to apply the law and Constitution, to honor precedent and, where appropriate, to determine the facts.

d. Do you believe that empathy should play a role in sentencing a criminal defendant? Please explain your answer.

Response: Empathy should not be the determiner of sentencing. Sentencing is governed by the law, including sentencing guidelines, and the Constitution, as applied to the facts established in the case.

e. Do you think that it is ever proper for judges to indulge their own subjective sense of empathy in determining what the law means? If so, under what circumstances. Please explain your answer.

Response: I do not think that it is ever proper for a judge to indulge his or her own subjective sense of empathy in determining what the law means.