Wednesday, September 13, 2017

Barrett's confirmation hearing shows Catholicism's power

https://www.ncronline.org/news/opinion/barretts-confirmation-hearing-shows-catholicisms-power
MGB:_Barrett’s questioning could imply a few things. One, is whether she would recuse herself if her local Catholic bishop were to try to ban her from receiving communion if she followed precedent and upheld Roe (she has no authority to do likewise) or would she uphold Roe as required and explain to the Bishop why she was forced to do so? The other piece, also above her pay grade but still important is whether she would uphold the Fourteenth Amendment generally, which restricts state against those minority groups if feels behave immorally in their private conduct, particularly gays and women seeking abortions (recognizing that regulating abortion is permissible as long as it does not pose an undue burden at certain points of the pregnancy).

The question is relevant because Trump is going from a Federalist Society personnel list and the Society has a unique ”Scalian” take on the Fourteenth Amendment, one that could be described as neo-confederate. That Senators have to ask is no compliment to Catholics, but is a suspicion that some may have to fear their bishops, although that question was not asked.

It is not a religious test to ask such questions, even obliquely as Feinstein did. The Air Force and Navy ask Nuclear Weapons Officers if their morality would prevent them from launching a missile if ordered to. They are given a short course on just war and lawful orders to prime them for the question. They must answer yes or they are allowed to resign with no penalty. That is not a religious test, per se, but one as to whether your religion will get in the way of your job. Sadly, some Catholics, especially those favored by the Federalist Society, must be examined. Sadder still, unless they answer in a way to make pro-choice Republicans squirm, they may be confirmed anyway.

Originalism, by the way, is no longer a thing apart from historical analysis. The Court came to an agreement on how the views of the original founders saw their creation and even Justice Ginsburg can call herself an originalist.

No comments:

Post a Comment