For Democratic presidential candidate Barack Obama, Supreme Court justices should champion the weak against the strong.
“He’s talking about the Court being a liberal activist body, a tool for social change,” said Robert Alt, deputy director of the Center for Legal and Judicial Studies at The Heritage Foundation, a conservative think-tank.
But deciding who is powerless and who is powerful isn’t the question, says Alt. Instead, justices should judge cases based on which side presents the more compelling legal argument, regardless of who the plaintiff is.
“The judges and the courts should not be playing favorites,” he said. “They shouldn’t be paying attention to who it is who’s making the arguments, they should be deciding who has the better legal argument.”
What this pretty much comes down to may be labelled in a few different ways--rule of sympathy, rule of emotions, rule of emotional blackmail or emotional manipulation, rule by perception.
But it's not Rule of Law. And it certainly is not justice.