My Thoughts Re: Catholics On The Supreme Court
Much has been written since yesterday's nomination of Samuel Alito regarding the majority Catholic make-up of the Supreme Court should Judge Alito be confirmed (see, e.g., here and here). That prospect has me thinking about a couple of issues:
First, President Bush has been quite upfront about his desire to appoint the Court's first Hispanic Justice, which I assume will be one of his primary considerations should, for example, Justice Stevens retire during the next 3 years. Most, if not all, of the Hispanics that have been mentioned as possible nominees (Emilio Garza, Alberto Gonzales, Miguel Estrada, Mel Martinez) are Roman Catholics. I wonder, if having already put 2 Catholics on the Court (again, assuming Alito is confirmed), Dubya will be hesitant to nominate a 3rd Catholic, thus limiting his ability to name a Hispanic to the Court.
Second, I wonder whether the "Catholic majority" on the Court will be self-conscious about its Catholic identity and, if so, whether that will have any implications for or effects upon its decision making.
Okay, let's be specific: abortion. Let's assume that it is possible to convince Anthony Kennedy that his Casey concurrence reaffirming Roe v. Wade was wrong. Or, let's assume that Bush does get another opportunity to make an appointment and goes ahead and nominates a Roman Catholic Hispanic. What if there are 5 solid votes to overturn Roe v. Wade and every one of them belongs to a Roman Catholic?
Is it likely that the "Catholic block" will be self-conscious about a 100% Roman Catholic majority overturning the "constitutional right" to abortion? Will they be afraid of "appearances" - that the Catholic majority will appear to be doing the bidding of Rome? Does that make reversal of Roe a less likely scenario than we pro-lifers hope?
posted by Pro Ecclesia 2:04 PM
9 comments
9 Comments:
Is it likely that the "Catholic block" will be self-conscious about a 100% Roman Catholic majority overturning the "constitutional right" to abortion?
No problem, because as Strict Constructionists(tm) they understand that there never was a "right" to abortion.
It was political considerations that got Anthony Kennedy to "flip" in Casey. I don't think we should underestimate the potential for such political considerations to be at play if a 100% Catholic majority has the opportunity to overturn Roe and Casey.
It sounds to me like people are getting hung up on denomination. Personally, as a conservative Evengelical Christian, I don't care if they are Catholic or not, just so long as they overtunr Roe v Wade and are Conservatives / Constructionalists through and through.
And yes, Tony, there never was a constitutional right to abortion. It was about privacy between a doctor and patient. Funny how medical privacy applies when a woman wants to kill her child in the name of conveinience, but it doesn't apply to Rush Limbaugh when he gets addicted to medication.
Of course there is no "constitutional right" to abortion. And of course we shouldn't get hung up on denominational labels. I've said as much several times on this blog.
But we can't ignore the potential that the "Catholic block" on the Court might self-consciously get hung up on the "Catholic" label and fear of being accused of doing the bidding of the Pope in Rome.
Political considerations were sufficient to change Kennedy's vote in Casey, and we would be foolish to think such considerations would not come into play in the future.
Hopefully they will rise above it. Catholic, Orthodox, Evengelical, Fundamentalist... hey, we're all Christians at the end of the day. ;)
Well certainly if Roe was overturned by an all Catholic majority, the media would make a huge issue out of it. So, your concern is well founded. Hopefully the justices will have more concern for truth and the law than "political considerations" and appearances. I guess all we can really do about it is pray, though.
Honestly, though I'd rather see Roe overturned on a 9-0 vote, if it was just 5 Catholics against the rest, I'd still be pretty proud 'em!
Which is not to say that your concern is unfounded, Jay.
But we can't ignore the potential that the "Catholic block" on the Court might self-consciously get hung up on the "Catholic" label and fear of being accused of doing the bidding of the Pope in Rome.
I thought those with a life time appointment were supposed to be above what other people think of them.
"I thought those with a life time appointment were supposed to be above what other people think of them."
I thought so, too. But Anthony Kennedy disabused me of that notion when he switched his vote on Casey I suppose out of concern for his "legacy".
You should do a Google search on "Blackmun papers" and "Anthony Kennedy" and read about how "Catholic" Justice Kennedy is single-handedly responsible for EACH AND EVERY legal abortion that takes place in America every day.
Why that accomplice to murder is still served Communion I'll never know.
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