Questions for Obama

Senator, concerning the criteria by which you will nominate judges, you said: "We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old." Such sensitivities might serve an admirable legislator, but what have they to do with judging? Should a judge side with whichever party in a controversy stirs his or her empathy? Is such personalization of the judicial function inimical to the rule of law?

• Voting against the confirmation of Chief Justice John Roberts, you said: Deciding "truly difficult cases" should involve "one's deepest values, one's core concerns, one's broader perspectives on how the world works, and the depth and breadth of one's empathy." Is that not essentially how Chief Justice Roger Taney decided the Dred Scott case? Should other factors—say, the language of the constitutional or statutory provision at issue—matter?

• You say, "The insurance companies, the drug companies, they're not going to give up their profits easily when it comes to health care." Why should they? Who will profit from making those industries unprofitable? When pharmaceutical companies have given up their profits, who will fund pharmaceutical innovations, without which there will be much preventable suffering and death? What other industries should "give up their profits"?

• ExxonMobil's 2007 profit of $40.6 billion annoys you. Do you know that its profit, relative to its revenue, was smaller than Microsoft's and many other corporations'? And that reducing ExxonMobil's profits will injure people who participate in mu-tual funds, index funds and pension funds that own 52 percent of the company?

• You say John McCain is content to "watch [Americans'] home prices decline." So, government should prop up housing prices generally? How? Why? Were prices ideal before the bubble popped? How does a senator know ideal prices? Have you explained to young couples straining to buy their first house that declining prices are a misfortune?

• Telling young people "don't go into corporate America," your wife, Michelle, urged them to become social workers or others in "the helping industry," not "the moneymaking industry." Given that the moneymakers pay for 100 percent of American jobs, in both public and private sectors, is it not helpful?

• Michelle, who was born in 1964, says that most Americans' lives have "gotten progressively worse since I was a little girl." Since 1960, real per capita income has increased 143 percent, life expectancy has increased by seven years, infant mortality has declined 74 percent, deaths from heart disease have been halved, childhood leukemia has stopped being a death sentence, depression has become a treatable disease, air and water pollution have been drastically reduced, the number of women earning a bachelor's degree has more than doubled, the rate of homeownership has increased 10.2 percent, the size of the average American home has doubled, the percentage of homes with air conditioning has risen from 12 to 77, the portion of Americans who own shares of stock has quintupled … Has your wife perhaps missed some pertinent developments in this country that she calls "just downright mean"?

• You favor raising the capital gains tax rate to "20 percent or 25 percent." You say this will not "distort" economic decision making. Your tax returns on your 2007 income of $4.2 million show that you and Michelle own few stocks. Are you sure you understand how investors make decisions?