Religious Litmus Test Continues

In what is not a surprising move, some in the Senate, as well as public interest groups, have increased the call for scrutiny over Judge Roberts because of his Catholic faith.  As I have mentioned in previous Daily Trial Notebook postings, the idea that there would be a religious litmus test to serve on the Supreme Court is not only repugnant, it is also unconstitutional.  The Court specifically has no religious test for serving in federal government. The idea that John Roberts would somehow be disqualified because he takes his faith seriously is outrageous.

 

We were informed that Judiciary Committee members have requested information concerning John Robertss participation in the case Bray v. Alexandria Womens Health Clinic.  In fact, this was the case that I argued twice before the Supreme Court of the United States.  It is true that John Roberts represented the interest of the United States in the statutory construction case.  The idea that this would somehow be controversial seems a bit ridiculous since we won the case 6-3 and had some of the more liberal members of the Court rule in our favor.  Also, at issue was the application of a statute known as the Ku Klux Klan Act to pro-life protests.  The Court found that opposition to abortion was not discrimination against women and, therefore, this statute was inapplicable.  While this was a significant victory for those who are on the side of life, the role of the government was to support the appropriate construction of the statute, which John Roberts did.

 

I expect over the next several weeks that we are going to be hearing a lot in the escalating issue over the confirmation of Judge Roberts.  Interestingly, most Senators are coming out in favor of Judge Roberts.  Some groups like the ACLU and People For the American Way have questioned John Roberts decisions as they relate to the War on Terror.  Recently, Judge Roberts joined an opinion of the D.C. Court of Appeals affirming the Presidents authority under the Constitution as Commander in Chief regarding the detainees at Guantanomo Bay.  This decision was legally correct and represents, in our view, the proper role delegated between Congress, the courts and the Executive Branch of government. 

 

For frequent updates on the judicial nomination fight, please see our website at www.aclj.org.  For information about John Roberts background, simply click here.