Justice Kennedy questions way court nominees are grilled

[cbdo2007]

WEST PALM BEACH, Fla. – Justice Anthony Kennedy decried the way some senators question Supreme Court nominees, defended President Barack Obama's pursuit of empathetic judges and rebutted the idea of activist courts in a speech Friday in south Florida.

Kennedy said the Senate should not try to determine how high court nominee Elena Kagan would rule on specific issues, but should focus broadly on whether she has the qualities of a good judge.

"Just to ask questions to try to figure out how the judge would rule on a specific question seems to me a rather short-term exercise," he said, responding to a question from an audience member. "What you should ask is whether the judge has the temperament, the commitment, the character, the learning to assume those responsibilities."

The president drew wide criticism from Republicans last year when he said Sonia Sotomayor would bring "empathy" to the bench. Critics said that meant judges could bring personal whims and prejudices, but Kennedy disagreed.

http://news.yahoo.com/s/ap/20100514/ap_on_re_us/us_supreme_court_kennedy