Are the Democrats attacking the SCOTUS nominee or attacking the Constitution? President Trump probably makes his SCOTUS nomination today. He has the responsibility to replace the late Justice Ruth Bader Ginsburg.
Politicians and members of the press have a full-scale assault underway against the front runner. That person is federal appeals court Judge Amy Coney Barrett. The attack is focusing on her faith and religious beliefs.
A Reuters’ headline from Sept. 22 reads “As U.S. Supreme Court nomination looms, a religious community draws fresh interest.” That’s quite a mouthful for a headline. It’s more like its own op-ed.
The article points to Barrett’s association with People of Praise. The group is a Christian organization. Reuters suggests the group is somehow “authoritarian.” It discusses considering it a cult. Reuters goes so far as to compare it to the “Handmaid’s Tale.” The tale is a novel in which a woman is forced to live as a concubine under a fundamentalist theocratic dictatorship.
The Left clearly plans to attack Barrett with her faith. One of the charge leaders will be the bigot Sen. Mazie Hirono. The confirmation processes for Justices Neil Gorsuch and Brett Kavanaugh were contentious. What we expect to see this time will make those scraps look mild.
There is a startling level of anti-Christian bias in congress. It is already on display and directed against Barrett. The bias surely is a precursor of what is coming. Hatred and vitriol will be leveled against whoever Trump nominates for this seat. Irrational hatred is not a welcome ingredient in decision making. It never leads to an optimal outcome.
What does past performance tell us?
The recent public attacks mirror those from Barrett’s 2017 confirmation hearing. Democratic senators asked bigoted questions about her Catholic faith. They inferred then and say now Barrett’s religious beliefs disqualify her from serving on the federal bench.
Some Senate Democrats are signaling a willingness to traffic in anti-Catholic fearmongering. There precious few who have shown reluctance to employ the tactic. Sen. Joe Manchin says Barrett’s Catholic faith should be off-limits in a possible confirmation hearing. Freedom of religion is one of the basic rights we all have as an American citizen. Whether you’re Catholic, Protestant, Jewish, or evangelical, whatever it may be, God bless you.
The Senate Democrat position mirrors the Party position. That is intolerant of any person’s religious beliefs. When Hirono says Barrett should not get the lifetime appointment. Her objection is the judge will reflect her ideological agenda in her decision-making. The problem here is the imposition of an unconstitutional religious litmus test on a federal office.
The U.S. Constitution
What’s worse is it has nothing to do with a nominee’s fitness for public office. It does not relate to quality of their legal work. Making this decision based on their personal faith is barred by Article VI of the Constitution:
“No religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
Are the Democrats attacking the SCOTUS nominee or attacking the Constitution?
Barrett has already made clear that she will decide cases according to the law, not her personal views. Here’s the quote:
“I think one of the great traditions in this country is that judges participate in the law, participate in the decision of cases, and rule even when they disagree with the outcome.”
One would hope the committee chair will rule such unconstitutional questioning out of order. We will see how this unfolds.
It turns out a religious litmus test is unconstitutional
The hostility from Democratic members of the Senate Judiciary Committee is not limited to Barrett. In 2018, Hirono and Sen. Kamala Harris brought an attack against Brian Buescher. They were able to query his membership with the Knights of Columbus.
Buescher was then a nominee to the U.S. district court in Nebraska. The K of C is a faith-based service organization. The group supports traditional Catholic teaching on marriage, abortion, and human sexuality.
In questions to the nominee Hirono explicitly asks Buescher if he would terminate his membership in the Knights of Columbus. This is an organization he joined when he was 18.
Hirono suggests the Catholic group holds “a number of extreme positions” on social issues. Among the objectionable positions are abortion and marriage. Those positions are foundational to Christian belief for the last 2,000 years. It’s just, Democrats don’t tolerate those views.
Senate Democrats are showing they are preparing to apply a religious test for office. It won’t matter who the nominee is. The president’s opponents are coming after the Trump through the nominee. If they can use the nominee’s faith as a club to attack him or her, count on it, they will. Are the Democrats attacking the SCOTUS nominee or attacking the Constitution?
Whoever the nominee is must prepare. They will have to defend their religious beliefs. They will face intense scrutiny. But they should also know that they will not stand alone. This will become a national test of American values and principles. Perhaps we should not be attacking SCOTUS nominees. It isn’t required in order to find out if they are qualified to serve.
