The latest Rasmussen poll [3] shows that an overwhelming majority of the American people would seem to prefer "equal justice" under law, rather than "empathetic justice". According to the poll:
Eighty-three percent (83%) of U.S. voters say America's legal system should apply the law equally to all Americans rather than using the law to help those who have less power and influence. A new Rasmussen Reports national telephone survey shows that just 8% disagree.
This belief is shared overwhelmingly by Republicans, Democrats [4] and voters not affiliated with either party.
In other words, most Americans have it right. Justice should indeed be blind, as "blind" justice is the only way to have "fair" justice, (which is a bit of an oxymoron I suppose).
But do people think it's actually working out that way with our judicial system today? Not hardly.
...voters are more divided when asked how the legal system is actually performing today. Thirty-seven percent (37%) say the U.S. legal system generally provides unfair advantages to minorities, while 34% say it generally treats all Americans equally.
Eighteen percent (18%) of voters say the American legal system generally discriminates against minorities.
And as for Sotomayor's belief that a "wise Latina woman" would reach a better decision than a white male, voters don't seem to agree with that either.
Voters overwhelmingly believe that well-qualified male and female judges - after carefully examining all the facts, studying the appropriate law and honestly trying to apply the law as it was written - would reach the same conclusion most of the time [5]. They say the same of well-qualified white and Hispanic judges.
This just underlines what I've said previously about how Sotomayor's nomination presents the GOP with political opportunities [6]. The only question is, will they take advantage of them?
