CBS's Smith on “empathy”: “Isn't that a kind of a shorthand for activist judge who will use the court ... as legislative?” Written by Media Matters Staff Published 05/17/09 12:14 PM EDT Video file CBS' Dickerson responds: “That's the way the right sees it, for sure” Previously: Matthews claims that by citing “empathy,” Obama is not looking for “a great constitutional scholar or a jurist”; Mitchell disagrees Media falsely claim Obama said he doesn't want a justice committed to following the law MYTH: Obama suggested he will nominate someone who shows “empathy” rather than a commitment to the law