“Empathy” II

Thomas Sowell has added a second installment to his column on empathy on the part of judges. In the sequel he details the attitude of Supreme Court Justice Oliver Wendell Holmes, who saw the role of a judge this way:

“The criterion of constitutionality,” he said, “is not whether we believe the law to be for the public good.” That was for other people to decide. For judges, he said: “When we know what the source of the law has said it shall be, our authority is at an end.”

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