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Opinion Pieces Respond To Obama's Call For 'Empathy' In Supreme Court Justice
Two newspapers recently published opinion pieces responding to President Obama"s comments on the need for "empathy" in candidates to replace retiring Supreme Court Justice David Souter. Summaries appear below.~ Ellen Goodman, Boston Globe: When discussing Souter"s replacement, Obama said he will seek a nominee ""who understands that justice isn"t about some abstract theory. ... It is also about how our laws affect the daily realities of people"s lives,"" Globe columnist Goodman writes in an opinion piece. According to Goodman, Obama"s emphasis on the need for judicial "empathy" has sparked outrage among a "phalanx of horrified conservatives" who claim that "empathy is just a code word for the sentimental liberal bias in favor of underdogs over the Constitution." However, she continues, "let us remember that empathy is not sympathy. It doesn"t require that we take sides. Nor is it an emotional shortcut that upends all legal reasoning to declare a winner." According to Goodman, empathy "is rather the ability to imaginatively enter into the experience of others." She writes that the "capacity to recognize another person"s reality is not just liberal," adding that empathy "doesn"t trump reason, it informs reason." Goodman writes, "The truth is that we want judges who "get it,"" adding that the "myth of justice as a matter of pure objective reasoning that could be meted out by a computer is just that, a myth" (Goodman, Boston Globe, 5/22).~ Mike Rosen, Denver Post: Although Obama"s emphasis on empathy might seem "[c]ompassionate and seductive" to some, his stance "represents a radical and dangerous departure from traditional American jurisprudence," radio host Rosen writes in a Post opinion piece. Rosen writes, "When empathetic judges rule on their feelings, they are exceeding their authority," adding that the "role of the judicial branch of our government is to rule on the Constitution as written and the law as passed by Congress and signed by the president." According to Rosen, the courts "are a co-equal branch of government, not a superior branch," and judges should not "rule on what they think the law ought to be" because that would be "government by a presumptuous, unelected judiciary." Rosen continues that "judges are referees, not rule makers" because they are "not there to empathize with the fans or the players. They represent the rule book, and they aren"t authorized to … make it "fairer."" According to Rosen, the "dispute between conservatives and liberals on judicial activism is philosophical and irreconcilable." He concludes that Senate confirmation hearings for Obama"s nominee "should make for an interesting debate on these principles" (Rosen, Denver Post, 5/22).
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Patient Notes - Clarity For Insurers And Doctors
Doctors will have greater clarity around releasing a patient"s full medical notes to insurance companies after the Privacy Commissioner concluded that the law allows insurers to collect only the information that they need to make insurance decisions.
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PanGenetics Receives Approval For Clinical Evaluation Of Anti-NGF Antibody In Patients With Chronic Pain
PanGenetics B.V. announced that the Competent Authority of the Netherlands has approved the Clinical Trials Application for a first-in-man study with antibody PG110. This humanized antibody is a member of the class of Nerve Growth Factor (NGF) inhibitors which represent a promising novel approach in the treatment of chronic pain. PG110 will be evaluated in patients suffering from pain caused by osteoarthritis (OA). The clinical trial is designed as a double blind, placebo controlled study and will be conducted in a single site in Utrecht, the Netherlands, in collaboration with Kendle International.
Public Health

Obama's Embryonic Stem Cell Proposal Goes 'Only Halfway' To Improving Research, Columnist Says

The Obama administration"s draft guidelines outlining criteria for federal funding of stem cell research "go only halfway toward freeing embryonic stem cell research" because "[s]ome of the most promising investigations will still be denied federal funding," syndicated columnist Froma Harrop writes in a Providence Journal opinion piece. Harrop writes that although "the public supports the research by more than two to one," there is "a vocal minority opposed to this work because it requires the destruction of embryos." According to Harrop, although Obama allowed research on embryos willingly donated by fertility clinic patients and lifted former President George W. Bush"s restrictions limiting federal funding to research on 21 existing stem cell lines, he "wouldn"t budge on the prohibition against funding research that allows for the creation of embryos out of human cells," known as therapeutic cloning. She notes that "therapeutic cloning has little to do with human cloning, which is about making new people and is illegal most everywhere. But say that cloning is being used in research, and many folks think they"re going to have a clone as a neighbor in a few years."Harrop continues, "[B]y allowing the use of embryos from fertility clinics and not those created by researchers, the administration lends credence to the view that embryos are full human beings." However, the "only difference between embryos in fertility clinics and the ones cloned for research is the motive of the people who created them." She concludes, "Obama"s timidity in rewriting the guidelines has slowed down important research and produced more confusion. And for Americans praying for cures from this science, the choice seems rather clear" (Harrop, Providence Journal, 5/28). Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women"s Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women"s Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company. © 2009 The Advisory Board Company. All rights reserved.


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