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Opinions will talk about that impact. >> yeah. it's palpable, it stands out. >> well, and i think it's reflected in my writing as a result. >> yeah. >> now, people confuse being conscious of impact as influencing the decision you make so that you feel sorry for someone. >> empathy became a dirty word somehow in your confirmation process. >> exactly. >> president obama clearly believes that you measure up to his empathy standard. that worries me. >> call it empathy, call it prejudice or call it sympathy, but whatever it is, it's not law. >> to the extent that i've always defined empathy as can ...

Overwhelmed mostly. i'm not sure the joy has set in quite yet but it is an extraordinary honor. >> chris: do you see a touch of state run media there? >> i kept waiting for the white house to ask her position on roe v wade. it is silly. it is something that the white house wanted to put up to make her look as president obama has set the new standard, the empathy standard. their initial rollout of elena kagan was to make her look like a real person that was the sort of catch phrase and they want her to appear as if she empathizes with every day american. i think it is a stretch. gone from akron...

Overwhelmed mostly. i'm not sure the joy has set in quite yet but it is an extraordinary honor. >> chris: do you see a touch of state run media there? >> i kept waiting for the white house to ask her position on roe v wade. it is silly. it is something that the white house wanted to put up to make her look as president obama has set the new standard, the empathy standard. their initial rollout of elena kagan was to make her look like a real person that was the sort of catch phrase and they want her to appear as if she empathizes with every day american. i think it is a stretch. gone from akron...

Overwhelmed mostly. i'm not sure the joy has set in quite yet but it is an extraordinary honor. >> chris: do you see a touch of state run media there? >> i kept waiting for the white house to ask her position on roe v wade. it is silly. it is something that the white house wanted to put up to make her look as president obama has set the new standard, the empathy standard. their initial rollout of elena kagan was to make her look like a real person that was the sort of catch phrase and they want her to appear as if she empathizes with every day american. i think it is a stretch. gone from akron...

There's work she's been doing on behalf of the institute. she has a lot to offer to the court and she'll be a great, fair, smart, deliberative justice and i think she'll make a great contribution. >> let's get one more in before we take a break. one of the big things that came up with the sotomayor nomination was what critics call the empathy standard. you are to interpret the law but also keep out for the little guy who might not be considered by the law. one key republican today said that should not be the standard. >> there's a lot of talk these days by the president about getting a justice...