Questions for Obama

George Will:

Senator, concerning the criteria by which you will nominate judges, you said: "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." Such sensitivities might serve an admirable legislator, but what have they to do with judging? Should a judge side with whichever party in a controversy stirs his or her empathy? Is such personalization of the judicial function inimical to the rule of law?

• Voting against the confirmation of Chief Justice John Roberts, you said: Deciding "truly difficult cases" should involve "one's deepest values, one's core concerns, one's broader perspectives on how the world works, and the depth and breadth of one's empathy." Is that not essentially how Chief Justice Roger Taney decided the Dred Scott case? Should other factors—say, the language of the constitutional or statutory provision at issue—matter?

• You say, "The insurance companies, the drug companies, they're not going to give up their profits easily when it comes to health care." Why should they? Who will profit from making those industries unprofitable? When pharmaceutical companies have given up their profits, who will fund pharmaceutical innovations, without which there will be much preventable suffering and death? What other industries should "give up their profits"?

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There is much more. Empathy is a poor substitute for the rule of law, and a lack of it is a poor way to govern company profits. Companies that don't make a profit don't stay in business and hire people and create jobs. If a candidate does not support the rule of law he should be rejected.