The law, it seems, has feelings, too

With the nomination of Sonia Sotomayor for the U.S. Supreme Court, the blindfold on Lady Justice's face has slipped. I view this with trepidation. Ms. Sotomayor believes that the "richness" of her "life experiences" as a Latina woman gives her an advantage over a "white" judge in deciding the law. My first question, regarding that assertion, is this: And over a black judge, too?

My next question has to do with the Constitution. When exactly did it become the U.S. Constitution Plus? In the near-future, an attorney arguing before the Court has to keep in mind not merely the facts of the case, or the precedents involved, or even the legalisms pertinent to his argument, but also the role of empathy in balancing the scales of justice. Shades of Oprah.

Is my tie the right color? Is my skin of a proper complexion? Will the Honorable Justice's mood work in my favor? These are all issues attorneys must henceforth ponder, as psychology has officially been brought into the mix. There will now be all sorts of extralegal considerations to be faced.

It wasn't supposed to be this way. Because humanity is so prone to the push and pull of whimsy and greed and chauvinism and any number of vices and distractions, our elders invented a system, called the law, which was intended to be, as Auden says, "The Law," no more, no less, in its strict construction and purpose.

Alas, no more. Apparently, the law has feelings, too.

Alexander Lee

Carol Stream