CBS's Smith on "empathy": "Isn't that a kind of a shorthand for activist judge who will use the court ... as legislative?"

No, its shorthand for the type of person who can easily and accuately imagine themselves in the position of another person.
One of the prime functions of the Supreme court is to rule on the constitutionality of passed laws.
The meme is, will a new justice help decide that some of our cherished neocon inspired laws don't cut the constitutional (non Dijon) mustard? This is what they define activism as.

How pathetic.....empathy brings more objectivity to law interpretation by having someone see more than just one perspective.Are these people too dumb to know the difference bewteen empathy and sympathy or just so narrow minded they can only be obstructionist!?!

It's a borderline silly idea that there is a ideological divide on courts. Souter was outed as a liberal for Planned Parenthood v. Casey by "supporting" abortion. People easily point to Lawrence v. Texas, and say Scalia is a conservative for "supporting" homophobia. Reducing these decisions as such is so ridiculous. Scalia was arguing for legislature to overturn the sodomy laws. Souter equally had justifications for joining in majority. It does a great disrespect to overlook the many opinions where a justice's expertise is needed. Scalia's expertise is highly praised in administrative law. Souter wrote some very powerful dissents. To reduce the conversation to liberal v. conservative is an exercise in shorthand thinking.

Only republicans could turn empathy into a bad word. They are some sick twisted bastards.

Turns out, the MOST activists of the jurists on the court today is, Clarence Thomas.

Anyway, anyone who talks about "activist" judges clearly have no idea what checks and balances are, and or how our government functions.