Barrett's theology may be out of bounds, but not her judicial philosophy

Barrett's theology may be out of bounds, but not her judicial philosophy 

The question of her faith is whether she is as orthodox as Nino Scalia and, like Scalia, lets that faith inform her on issues of moral authority. Scalia believed that decisions made at the state level are more sensitive to the moral leaders in the community. The key question is whether Barrett believes the same thing. Whether she is an originalist like Scalia or a textualist like Gorsuch is more important, but may be a distinction without a difference. Most matters before the Court are more about who gets to decide than the merits of the issue or are unanimous. 

Box v. Planned Parenthood affirmed the Seventh Circuit. Barrett wanted to rehear the case en banc before the Supreme Court had a shot. It would not have changed the outcome. No one on the Court wants to rehear Roe, nor will they touch gay marriage. 

The interesting case is whether Hosanna-Tabor or Title VII controls when cases about firing gay married couples reach the Court (if they do). If the Circuits agree on how these decisions are applied, it may not get to the Supreme Court at all. In the age of Francis, the matter may be moot as bishops with sour grapes over gay marriage age out and are replaced by cooler heads.

In the long run, Joe Biden or Kamala Harris will likely replace Breyer, Thomas and Alito. These things even out. Even this nomination may fall by the wayside as the President falls apart in plain sight, taking the GOP with him. Mike Pence will not withdraw the nomination, but a lame duck session may include some caucus shifting if the Republicans lose very badly in November. Internal campaign polling may give members pause if they feel Trump is dragging them down.