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'Empathy' is the latest code word for liberal activism, for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn't pass the legislative branch or, if it did, would generate voter backlash.
A chief justice's authority is really quite limited, and the dynamic among all the justices is going to affect whether he can accomplish much or not. There is this convention of referring to the Taney Court, the Marshall Court, the Fuller Court, but a chief justice has the same vote that everyone else has.
The Justices are currently considering a case, argued last month, which seeks to extend the writ of habeas corpus to al Qaeda and Taliban detainees at Guantanamo.
To hear both critics and defenders talk about the fitness of Judge Sonia Sotomayor for the Supreme Court, you'd think the most successful Supreme Court justices had been warm, collegial consensus-builders. But history tells a different story.
We often imagine that the court serves as a sort of neutral umpire controlling the warring political branches. But this is mostly myth. The justices of the Supreme Court are themselves actors in the struggle for power, and when they intervene, they think carefully about how their decisions will affect the court's own legitimacy and authority.
And I think within the pages of The Betrayal of America I think I present an overwhelming case that these five justices were up to no good, and they deliberately set out to hand the election to George Bush.
While some of the tales of woe emanating from the court are enough to bring tears to the eyes, it is true that only Supreme Court justices and schoolchildren are expected to and do take the entire summer off.
Many voters think about the makeup of the Supreme Court when they are choosing a president. The justices deal not only with constitutional issues but also with social issues that were unknown to the founding fathers who wrote the Constitution more than 200 years ago.
A national legal organization is giving very serious thought to using The Betrayal of America as a legal basis for asking the House Judiciary Committee to institute impeachment proceedings against these five justices.
I owe a debt of gratitude to two other living Justices. Sandra Day O'Connor and Ruth Bader Ginsburg paved the way for me and so many other women in my generation. Their pioneering lives have created boundless possibilities for women in the law. I thank them for their inspiration and also for the personal kindnesses they have shown me.