I think I'm beginning to understand Republicans. Empathy is bad if it is held by a olive-skinned woman judge. Empathy is good if it is held by a white-skinned male judge.
I have always thought the Ricci case was a close call where empathy suggests to overturn the ruling in favor of Frank Ricci, a dyslexic firefighter who has overcome his handicap, while a cold, dispassionate reading of the law would support the city of New Haven. The Supreme Court decision (I'm thinking I have too much time on my hands) and especially Alito's concurring opinion (way too much time) is light on the law and heavy on empathy for the white firefighters denied promotions.
I don't mind the SCOTUS ruling on Ricci, I'd just like more consistency on empathy from the conservative justices.