Supremely Civil Ads ... So Far

The reason for omitting those words from the ad may be that "empathy" has become something of a flash point among critics on the right. Here's Republican Sen. Lindsey Graham of South Carolina on "Fox News Sunday" with Chris Wallace a month later:

Sen. Graham, May 31: If I do that, if I look at her philosophy, her legal philosophy, which I think is very activist in nature – this empathy word is just a code word for activism.

We note in passing that empathy wasn't considered a bad word when President George H.W. Bush used it when he introduced Clarence Thomas as his Supreme Court nominee in 1991:

Bush, July 1, 1991: I have followed this man's career for some time, and he has excelled in everything that he has attempted. He is a delightful and warm, intelligent person who has great empathy and a wonderful sense of humor.

The visuals paired with Obama's voice in the group's ad are simply still photos of Sotomayor mixed with some biographical text, such as her educational background. Some bits are factual; others are clearly opinion: "Principled, fair-minded, independent," for example. We'll leave it to readers to decide whether those sorts of judgments about Sotomayor's character are accurate.

A Lifetime of Experience
Judicial Confirmation Network Ad: "Equal Justice Under Law?"  

Narrator: President Obama has nominated Judge Sonia Sotomayor to the U.S. Supreme Court. He's said why he thinks Judge Sotomayor belongs on the nation's highest court. But what does she have to say for herself? Here's Judge Sotomayor in her own published words:

"Our experiences as women and people of color affect our decisions. I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life. ...Whether born from experience or inherent physiological or cultural differences…our gender and national origins may and will make a difference in our judging. … Personal experiences affect the facts that judges choose to see."

So, what is she saying?

Sotomayor: Court of appeals is where policy is made. And I know, I know this is on tape, and I should never say that…

Narrator: Equal justice under law, or under attack? America deserves better.