President Obama praised Sonia Sotomayor’s “empathy” when he nominated her for the Supreme Court. Some have argued that empathy has no place in jurisprudence, but legal scholar Joel K. Goldstein finds historical precedents to the contrary.
Nixon, at least, had Gerald Ford issue his pardon. While the world wondered if Bush would pre-emptively pardon his torture gang on the last day, most forgot… he already did. Well, at least he tried to make sure he would not have to rely on another President’s largesse. This could also explain why Barack Obama [...]