While the seeming independence of the federal judiciary has played a vital part in making its actions virtual Holy Writ for the bulk of the people, it is also and ever true that the judiciary is part and parcel of the government apparatus and appointed by the executive and legislative branches.
'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.
Since when has the Congress become protector of judiciary? Do I have to remind how Indira Gandhi treat the judiciary when one verdict went against them? Rajeev Gandhi in 1988 almost brought the bill, and during that phase, how many cases were filed against the media? And their son and grandson is talking about press freedom.