From the GOP website, Republican Congressman Mike Pence said
America doesn’t need one more justice on the Supreme Court who is "not sympathetic" to the constitutional rights of individual Americans!"
Of course, the he's specifically referring to the 2nd amendment and a statement Kagan made in 1987 to Justice Thurgood Marshal. She said she was
"not sympathetic" toward a man who contended that his constitutional rights were violated when he was convicted for carrying an unlicensed pistol.
Perhaps I err by confusing empathy with sympathy. Well, no. It runs out that sympathy was a big issue for Senate Minority Leader Mitch McConnell:
...picking judges based on his or her perceived sympathy for certain groups or individuals undermines the faith Americans have in our judicial system.
My question for Senator McConnell: "Ms. Kagan refused to show sympathy for a man convicted of carrying an unlicensed pistol. In light of your concern that judges should not show sympathy for groups or individuals, does this one fact reflect positively on Ms. Kagan's nomination for the Supreme Court?"