Equality under the law won over judicial empathy today. The Supreme Court ruled in favor of a group of men in New Haven Connecticut who worked hard to earn promotions according to the rules set forth by their employer and were then denied said promotions because of race. Not much of a news making story except for the fact that the men discriminated against are white. And the decision the high court overturned in their ruling was made, in part, by current Supreme Court nominee Sonia Sotomayor. And the decision was based on the rule of law not President Obama's preferred criteria of empathy for the litigants.

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With President Obama's nomination of Judge Sonia Sotomayor to the Supreme Court we now know for sure what he meant at that press briefing at the beginning of the month. The president said "I view that quality of empathy, of understanding and identifying with people's hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes."

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