Religious Tests - Where Some Dems Want To Go, But Shouldn't
From National Review Online:
Religious TestsMy Comments
Where some Dems want to go, but shouldn’t.
By Stephen B. Presser & Charles E. Rice
In recent memory there have rarely been nominees to the Supreme Court with credentials as distinguished as John Roberts.
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There are rumblings, though, that Roberts's religion — he's Catholic — could be raised against him, and there are dark intimations coming from some quarters of the Senate and some liberal advocacy groups that a practicing Catholic who takes church teachings seriously cannot be trusted to assume a position on the Court.
The idea seems to be that since the Church is firmly opposed to abortion, the death penalty, and homosexual marriage, Roberts could not, consistently with his deeply-held religious beliefs, even-handedly administer justice in these areas.
Perhaps it is a mark of the desperation of Roberts's opponents that his religion is now being raised against him, but those of us who believe in the Constitution and in the objective interpretation of that document need to cut off the head of this argument and drive a stake through its heart before it does further damage.
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This is one area where I think the Right, as well as Catholic groups like The Catholic League and Fidelis, have done an effective job. Now that the issue of religious bigotry has been brought to light through efforts like "Justice Sunday", the Dems seem a little snakebit right now about invoking the Schumer Doctrine.
Labels: Constitutional Jurisprudence, Judiciary, Law, Schumer Doctrine, Supreme Court
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