Tuesday, July 26, 2005

Skirmish Over a Query About Roberts's Faith

Hat tip: Fidelis.org

From the New York Times:
WASHINGTON, July 25 - Congressional Republicans warned Democrats on Monday not to make Judge John G. Roberts's Roman Catholic faith an issue in his confirmation hearings for a seat on the Supreme Court, reviving a politically potent theme from previous battles over judicial appointees.

The subject came up after reports about a meeting on Friday at which Senator Richard J. Durbin, Democrat of Illinois, is said to have asked Judge Roberts whether he had thought about potential conflicts between the imperatives of their shared Catholic faith and of the civil law. The discussion was described by two officials who spoke anonymously because the meeting was confidential and by a Republican senator who was briefed on their conversation.

Judge Roberts responded that his personal views would not color his judicial thinking, all three said, just as he has testified in the past.

An opinion-page article in The Los Angeles Times on Monday by Jonathan Turley, a George Washington University law professor, included an account of Mr. Durbin's question. Professor Turley cited unnamed sources saying that Judge Roberts had told Mr. Durbin he would recuse himself from cases involving abortion, the death penalty or other subjects where Catholic teaching and civil law can clash.

A spokesman for Mr. Durbin, a spokesman for the White House, and Senator John Cornyn, Republican of Texas, who spoke to Judge Roberts on Monday about the meeting, all said Professor Turley's account of a recusal statement was inaccurate.


[Full story]
(emphasis added)

My Comments:
I doubt very seriously that "Judge Roberts had told Mr. Durbin he would recuse himself from cases involving abortion, the death penalty or other subjects where Catholic teaching and civil law can clash". If Roberts did say that, then Jonathan Turley's initial assessment was correct: WRONG ANSWER! Wouldn't the lefties just love for Judge Roberts to recuse himself from cases involving their pet issue?

But again, I think it nigh impossible for Judge Roberts to have made the statement attributed to him by this New York Times story. It should be noted that the Turley opinion piece made no such claim regarding a promise by Roberts to recuse himself in abortion and death penalty cases.

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