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4:12 PM, May 1, 2009 • By MICHAEL GOLDFARB

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His first priority for a Supreme Court nominee remains "empathy," which translates into someone who will help the court "stand up" for the murky and vaguely communist concept of "social and economic justice" as David Axelrod once put it. It's not enough to interpret the laws correctly, Obama's judges must make sure that the outcome does not "protect the powerful and leave ordinary Americans to fend for themselves." And the ends will justify the means.

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