Well, for the uninformed, David Souter is retiring from the Supreme Court and President Obama gets to nominate a Justice. Something Clinton did not do in his second term, nor Bush in his first term. While I doubt his choice will face any real opposition, his pick concerns me, but so did his talk of judges with empathy. I don't want judges beholden to the demon of empathy, but judges who abide by the Constitution.

Now, a fellow at the CATO Institute, an organization I heavily agree with, speaks out.

I recall she made a comment about the Constitution as an evolving document, which is way too Brennanesque for my comfort. Ideologically, she replaces a liberal Justice so no shift in balance, but regardless of right or left, I want a Judge who is beholden to the Constitution as a static document, which can only be adjusted by a Constitutional amendment, not a Judge's empathy.

Of course she will be confirmed with no problem, but how will she rule?